Court Seeks Upset of Ruling on Its Arbitration Program

, Delaware Business Court Insider

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The Delaware Court of Chancery has asked the U.S. Supreme Court to overturn a federal appellate court decision declaring its confidential arbitration program unconstitutional.

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    The problem with the program was not the arbitration process itself, but rather the confidentiality feature. Even a pro-arbitration Supreme Court might find that this feature of the program is not necessary and in fact harmful, especially if the arbitration process is mandatory -- I am not sure if it is in this case.

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