Arbitration Program
Third Circuit Rejects Delaware Court of Chancery’s Confidential Arbitration Program
June 3, 2014
In a case that has attracted the attention of legal experts from across the country, the U.S. Court of Appeals for the Third Circuit affirmed the U.S. District Court of Delaware’s decision that found the confidentiality provisions of the Delaware Court of Chancery’s arbitration program unconstitutional. Applying the well-known experience and logic test, the 2–1 majority concluded that the tradition and importance of public access to proceedings like Delaware’s government-sponsored arbitration...
June 3, 2014
In a case that has attracted the attention of legal experts from across the country, the U.S. Court of Appeals for the Third Circuit affirmed the U.S. District Court of Delaware’s decision that found the confidentiality provisions of the Delaware Court of Chancery’s arbitration program unconstitutional. Applying the well-known experience and logic test, the 2–1 majority concluded that the tradition and importance of public access to proceedings like Delaware’s government-sponsored arbitration...
Public Courts as Private Arbitration Panels
October 31, 2013
Tom Stipanowich called the Delaware Court of Chancery’s arbitration program “a veritable trifecta of procedural advantages for commercial parties, including expert adjudication, efficient case management and short cycle time and, above all, a proceeding cloaked in secrecy.” But he warned that its constitutionality was in doubt. Now the Third Circuit Court of Appeals has, indeed, ruled it unconstitutional. The grounds for the ruling go to some of the most profound assumptions of access...
October 31, 2013
Tom Stipanowich called the Delaware Court of Chancery’s arbitration program “a veritable trifecta of procedural advantages for commercial parties, including expert adjudication, efficient case management and short cycle time and, above all, a proceeding cloaked in secrecy.” But he warned that its constitutionality was in doubt. Now the Third Circuit Court of Appeals has, indeed, ruled it unconstitutional. The grounds for the ruling go to some of the most profound assumptions of access...
Appeals Court Throws Out Confidential Arbitration in Delaware
October 24, 2013
A decision by a federal appeals court has ended Delaware’s experiment with confidential arbitration. In an opinion released Wednesday, a three-judge panel for the United States Court of Appeals for the Third Circuit upheld a lower court ruling that Delaware’s state-sponsored arbitration program violated the First Amendment. The controversial arbitration program was established by Delaware in 2009. Delaware is the leading state for incorporations by public companies, and the five judges...
October 24, 2013
A decision by a federal appeals court has ended Delaware’s experiment with confidential arbitration. In an opinion released Wednesday, a three-judge panel for the United States Court of Appeals for the Third Circuit upheld a lower court ruling that Delaware’s state-sponsored arbitration program violated the First Amendment. The controversial arbitration program was established by Delaware in 2009. Delaware is the leading state for incorporations by public companies, and the five judges...
George Friedman Responds to Dan Solin’s Indictment of FINRA Arbitration
April 23, 2013
Last week, author Dan Solin, a long-time critic of FINRA, published a column in U.S. News & World Report attacking the FINRA arbitration forum as biased, unfair to investors and shrouded in secrecy. Presumably, the column was motivated by a federal judge’s recent decision to deny a FOIA request that PIABA (Public Investors Arbitration Bar Association) filed with the SEC to obtain what Solin describes as “very basic information about the way FINRA administers the arbitration process,...
April 23, 2013
Last week, author Dan Solin, a long-time critic of FINRA, published a column in U.S. News & World Report attacking the FINRA arbitration forum as biased, unfair to investors and shrouded in secrecy. Presumably, the column was motivated by a federal judge’s recent decision to deny a FOIA request that PIABA (Public Investors Arbitration Bar Association) filed with the SEC to obtain what Solin describes as “very basic information about the way FINRA administers the arbitration process,...
ABA Litigation: Qualified Right of Access Ends Chancery Court's Arbitration Program
December 26, 2012
ABA Litigation: Qualified Right of Access Ends Chancery Court's Arbitration Program http://goo.gl/awl27
December 26, 2012
ABA Litigation: Qualified Right of Access Ends Chancery Court's Arbitration Program http://goo.gl/awl27
