The U.S. Court of Appeals for the Third Circuit's ruling last week striking down the Delaware Court of Chancery's confidential arbitration program as unconstitutional is also said to invalidate a virtually unknown, never-used business arbitration program adopted three years ago by the Delaware Superior Court. The Superior Court's confidential arbitration program is identical to the Chancery Court arbitration and included the use of public judges, a feature the Third Circuit found violated the First Amendment.
Never-Used Superior Court Business Arbitration Program Ends
Delaware Law Weekly
October 30, 2013