The Delaware Court of Chancery has filed a petition for a writ of certiorari asking the U.S. Supreme Court to overturn a federal appellate court decision declaring its confidential arbitration program unconstitutional. The petition was filed Tuesday, two days before the final deadline for a Supreme Court appeal was set to pass.
The 116-page petition was filed in response to a U.S. Court of Appeals for the Third Circuit opinion declaring that the statute creating the program was unconstitutional. Attorneys representing the Chancery Court made several arguments in support of the program, including alleging that the public’s right to access civil trials under the First Amendment is not applicable to the Chancery Court program because it is arbitration.
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