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...
