Court Defends Secretive Arbitrations To 3rd. Circ.

Law360, Philadelphia (May 16, 2013, 2:58 PM EDT) -- An attorney defending the constitutionality of the Delaware Chancery Court's confidential arbitration program told a Third Circuit panel Thursday that the involvement of judges as arbitrators didn't violate the First Amendment since related proceedings have a long history of being closed to the public.

Andrew Pincus of Mayer Brown LLP emphasized that judges adjudicating arbitration proceedings were empowered not by the state but rather by the consent of participating parties, and that consequently their involvement did not trigger a right of public access.

“The power they...
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