Oct 23 Delaware must open to the public the state's arbitration system that allows judges on its highly respected Court of Chancery to resolve large business disputes essentially in secret, a federal appeals court ruled on Wednesday.
The U.S. Court of Appeals for the Third Circuit upheld a ruling by a federal judge who found the arbitration system was essentially a civil trial in secret, which violated the First Amendment of the U.S. Constitution. That judge, Mary McLaughlin, shut down the system in 2012.
"Because there has been a tradition of accessibility to proceedings like Delaware's government-sponsored arbitration, and because access plays an important role in such proceedings, we find that there is a First Amendment right of access to Delaware's government-sponsored arbitrations," Judge Dolores Sloviter wrote in a 37-page opinion.
Judge Jane Roth dissented in the 2-1 ruling. (Editing by Maureen Bavdek; )