Thursday, August 30, 2012
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.