M & A Law Prof Blog

Editor: Brian JM Quinn
Boston College Law School

Tuesday, January 8, 2013

Delaware arbitration update

The Delaware Coalition for Open Government has filed its brief in the appeal before the Third Circuit.  (DELCOG-Appellee's Brief).  They make two arguments in response to Delaware's appeal, first:

Delaware’s inability to provide confidential binding judicial arbitration will not cause a mass exodus from American private arbitration to foreign courts or arbitration, which have no claim to expertise in American business law or custom greater than American private arbitrators.

And second:

Neither Delaware’s desire to facilitate new revenue streams nor the business community’s desire to hide its conduct from public scrutiny justifies subverting the First Amendment.

I think counsel for the Coalition are right on both counts. More updates on this litigation as they pop up. 



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