M & A Law Prof Blog

Editor: Brian JM Quinn
Boston College Law School

Wednesday, October 16, 2013

Exclusive Forum Appeal

Am I the only one slightly disappointed that the plaintiffs in the Chevron exclusive forum bylaw provision case decided not to pursue their appeal to the Delaware Supreme Court?  I'm interested in the question of how the court would treat forum provisions mostly because I'm thinking about the next step:  firms electing to adopt mandatory shareholder arbitration, either through Delaware's confidential arbitration procedure or private arbitration.   If public firms take their cue from Chevron and begin to adopt such provisions, that's probably not going to be in Delaware's long-term interest.  In any event, this is an issue I am interested in following for a host of reasons - many of them totall self-serving.  I teach corporate law afterall. What would I possibly do with myself if all teh corporate law cases went to arbtration?!  (Don't answer that!)



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