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.
Chancery Court Asks Third Circuit to Save Arbitration Program
Delaware Business Court Insider
February 13, 2013
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