M & A Law Prof Blog

Editor: Brian JM Quinn
Boston College Law School

Thursday, August 30, 2012

Chancery arbitration procedure ruling handed down

A Federal District Court in Philadelphia just handed down a ruling in the challenge to Delaware's Chanery arbitration procedure, which I wrote about some months ago (November Post: More Thoughts on the Chancery Arbitration Procedure).  The court ruled in favor of the Delaware Coalition for Open Government's position that the public has a qualified right of access to proceedings of the public courts.  Arbitration conducted before Delaware chancellors pursuant to the Chancery arbitration procedure is sufficiently like a non-jury trial as to implicate that right notwithstanding the legislation creating the procedure and the wishes of the parties.  

Short version:  the confidential arbitration procedure falls.

Here's the opinion: DCOG v Strine, et al Opinion.



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