M & A Law Prof Blog

Editor: Brian JM Quinn
Boston College Law School

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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. 

-bjmq

http://lawprofessors.typepad.com/mergers/2013/01/delaware-arbitration-update.html

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