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Articles

Third Circuit rules that private arbitrations in the Delaware Court Of Chancery are unconstitutional

October 25, 2013

Articles

Third Circuit rules that private arbitrations in the Delaware Court Of Chancery are unconstitutional

October 25, 2013

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In 2009, Delaware’s Legislature enacted a statute (and the Delaware Court of Chancery promulgated implementing rules) allowing parties to submit their business disputes to private arbitration in the Court of Chancery. They identified criteria that must be met to qualify for arbitration and provided strict confidentiality. On October 23, 2013, the United States Court of Appeals for the Third Circuit held the Delaware Chancery Court’s arbitration proceedings violate the First Amendment’s right of access to civil trials.

Fish’s Jeremy Anderson, Of Counsel in our Delaware office, provided a more in-depth analysis on Fish’s Litigation Blog regarding rules, the legislation, and what the third circuit’s opinion means for the future of government-sponsored arbitration in Delaware.

Fish’s Litigation Blog is a community site where our intellectual property, commercial, and white collar litigators share information on nationwide litigation developments and trends. Stay current with Fish – read this blog post about the unconstitutionality of government-sponsored private arbitrations and join the conversation.

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