The Delaware Court of Chancery is asking the U.S. Court of Appeals for the Third Circuit to revive its confidential arbitration program, which was declared unconstitutional by a federal judge last year. In a reply brief filed February 8 in the appellate court, the Chancery Court argued that there is no history of public access to arbitration, the program is not akin to a civil trial, and no additional transparency will result if the program remains defunct because participants will use other confidential arbitration programs.
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Chancery Court Asks Third Circuit to Save Arbitration Program
Delaware Business Court Insider
February 13, 2013
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