Q&A: Brian Farkas on Delaware Chancery's Arbitration Program

Commercial Litigation Insider, 2014

6 Pages Posted: 24 May 2014

Date Written: March 24, 2014

Abstract

This Q&A covers the Supreme Court's denial of cert in the litigation surrounding the Delaware Court of Chancery's experimental arbitration program.

On Monday morning, the U.S. Supreme Court denied certiorari in Strine v. Delaware Coalition for Open Government, Inc., involving a challenge over the constitutionality of the novel, short-lived program in Delaware that allowed the state's Court of Chancery judges to serve as arbitrators. The experimental, if controversial, program, implemented in early 2010, barely had time to be tested before it was discontinued in August 2012 when a U.S. District Court held that the program blocks the public’s constitutional right of access to trials. The program, established by Delaware statute in 2009, enabled the sitting Chancery judges to hold confidential arbitrations in expedited fashion with hearings and judgment rendered behind closed doors.

Keywords: Arbitration, Court of Chancery, Delaware, First Amendment

Suggested Citation

Farkas, Brian and Lee, Suevon, Q&A: Brian Farkas on Delaware Chancery's Arbitration Program (March 24, 2014). Commercial Litigation Insider, 2014, Available at SSRN: https://ssrn.com/abstract=2439860

Brian Farkas (Contact Author)

Cardozo School of Law ( email )

55 Fifth Avenue
New York, NY 10003
United States

Suevon Lee

Independent ( email )

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