Del. Court's Secretive Arbitrations Must Be Public: 3rd Circ.

Law360, Wilmington (October 23, 2013, 7:01 PM EDT) -- Delaware's Chancery Court lost another round in its fight to preserve its arbitration program, when the Third Circuit ruled Wednesday that the confidential nature of the proceedings violated the First Amendment's right of access to the courts.

Upholding a district court decision to halt the program, a majority of the three-judge panel found that history and logic favored making the process open to the public.

“Because there has been a tradition of accessibility to proceedings like Delaware’s government-sponsored arbitration, and because access plays an important role...
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