Delaware Court of Chancery
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...
Denial of Certiorari in Delaware Chancery Arbitration Case
April 4, 2014
The Supreme Court has denied certiorari in Delaware Coalition for Open Government v. Strine, in which the Third Circuit struck down Delaware’s scheme allowing parties with cases before the Delaware Court of Chancery to pay an extra fee to have their matters heard by a Chancery judge sitting in the guise of an arbitrator. The Third Circuit’s decision was based on the First Amendment right of public access to judicial proceedings. As I discussed in a previous post on the case, however, in my view...
April 4, 2014
The Supreme Court has denied certiorari in Delaware Coalition for Open Government v. Strine, in which the Third Circuit struck down Delaware’s scheme allowing parties with cases before the Delaware Court of Chancery to pay an extra fee to have their matters heard by a Chancery judge sitting in the guise of an arbitrator. The Third Circuit’s decision was based on the First Amendment right of public access to judicial proceedings. As I discussed in a previous post on the case, however, in my view...
NASDAQ, NYSE File Amicus Brief in Support of Arbitration
February 25, 2014
NASDAQ and the NYSE Euronext, the nation's two largest stock exchanges, filed an amicus brief today with the U.S. Supreme Court in support of the Delaware Court of Chancery's confidential arbitration program. The stock exchanges are the first companies to support the Chancery Court's program through amicus briefs.
February 25, 2014
NASDAQ and the NYSE Euronext, the nation's two largest stock exchanges, filed an amicus brief today with the U.S. Supreme Court in support of the Delaware Court of Chancery's confidential arbitration program. The stock exchanges are the first companies to support the Chancery Court's program through amicus briefs.
Chancery Court Asks U.S. Supreme Court to Revive Arbitration Program
January 22, 2014
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.
January 22, 2014
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.
