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Delaware Arbitration Program Sued as Unconstitutional

Jennifer Shack, October 27th, 2011

Via Art Hinshaw at ADR Prof Blog, the judges in Delaware’s Chancery Court are being sued by the Delaware Coalition for Open Government for operating a private arbitration system. The crux of the lawsuit is that the court’s arbitration program for business disputes, in which sitting judges act as private arbitrators, is essentially a way for court proceedings to be held outside of public view. According to the complaint, this is a violation of the presumptive right to access to judicial proceedings and documents as guaranteed by the First Amendment of the Constitution.

Read more about it here.

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2 Responses to “Delaware Arbitration Program Sued as Unconstitutional”

  1. […] participate in mediation in good faith. In Delaware, the Delaware Coalition for Open Government is challenging the constitutionality of the Delaware Chancery Court’s arbitration program, where judges sit as […]

  2. […] year, the Delaware Coalition for Open Government sued Delaware’s Chancery Court judges for operating a private arbitration system. Empowered by […]

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