Del. Judges Ask 3rd Circ. To OK 'Secret' Arbitrations Law

Law360, New York (February 11, 2013, 10:17 PM EST) -- A group of Delaware Chancery Court judges told the Third Circuit on Friday to reverse a lower court’s finding that Delaware law giving the state's Court of Chancery the power to secretly arbitrate business disputes is unconstitutional.

The chancery court and five judges including Chancellor Leo E. Strine Jr. argued that such arbitration proceedings have a long history of being kept confidential, and sought to upend U.S. District Judge Mary A. McLaughlin’s August ruling that Delaware’s commercial arbitration proceeding is enough like civil trials to trigger...
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