M & A Law Prof Blog

Editor: Brian JM Quinn
Boston College Law School

Thursday, June 5, 2014

Arbitration procedure to make a comeback

At a speech before the Delaware Bench and Bar Conference, Chief Justice Strine raised the possibility that Delaware would revisit its Chancery Arbitration Program:

"Regrettably, a federal court in Philadelphia issued a divided ruling striking down these statutes because they violated two judges’ reading of unsettled precedent, a reading that, if good law, would invalidate long-standing dispute resolution procedures used in their own federal court system,” said Strine.

“But, consistent with our history, Delaware is not wallowing in defeat,” Strine said, adding that the governor, the Corporate Law Council and members of the bar “are working on a different approach to be ready for the consideration by the General Assembly in January.”

I could quibble, but I won't.  I suspect what they will do is create an arbitration procedure that will be effectively the same as the one they had previously implemented but with some public access.   Supporters believe that it won't work without confidentiality, but I suspect public access won't be as terrible as some think. 



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