Three judges of the U.S. Court of Appeals for the Third Circuit, asked to consider the constitutionality of the Delaware Court of Chancery’s confidential arbitration program, focused at oral arguments Thursday on whether a 2009 statute enacted by the Delaware General Assembly gives the state’s Chancery Court judges additional powers to conduct those sessions in private.
The panel, composed of Judges Dolores K. Sloviter, Julio M. Fuentes and Jane Richards Roth, asked attorneys on both sides if the statute legally extended the Chancery Court’s power to conduct confidential arbitration hearings separately from their judicial roles.
