February 4, 2013

Cardozo Panel to Discuss Delaware Chancery Arbitration Scheme

By Paul Kirgis

I will be moderating a panel discussion at Cardozo School of Law this Thursday evening on the Delaware Chancery Court’s arbitration program, which I blogged about here and here. The Delaware scheme was struck down by a federal district court last year. The case is now on appeal to the Third Circuit.

Here are the panel discussion details:

The Cardozo Journal of Conflict Resolution Presents:

Secret Courts? The Delaware Court of Chancery Arbitration Experiment

Can sitting judges confidentially arbitrate disputes? In 2009, the Delaware legislature amended its laws to permit judges of the Court of Chancery to do just that. For a specified set of fees, parties could consent to binding arbitration by some of the country’s most renowned experts in corporate law. But unlike traditional litigation before Chancery judges, the entire proceeding would remain confidential. While some praised this program as an innovative use of court-sponsored dispute resolution in the nation’s corporate capital, others argued that it blurred the line between litigation and arbitration.

In August 2012, following a challenge from the Delaware Open Government Coalition, the program was declared unconstitutional under the First Amendment’s right of qualified public access to court proceedings. The case is now on appeal to the Third Circuit.

Our panel of experts will discuss the program and appeal–and what this path breaking case could mean for court-annexed dispute resolution more broadly.

Thursday, February 7
6:30 – 8:30 p.m.
Jacob Burns Moot Court Room
Reception to follow in lobby

Moderator:

Paul F. Kirgis, St. John’s University School of Law

Speakers:

Thomas E. Carbonneau, Penn State University Dickinson School of Law; Director of the Institute of Arbitration Law and Practice

Katrina Dewey, CEO and Founder of LawDragon.com

David L. Finger, Partner, Finger & Slanina; Lead counsel for the Delaware Open Government Coalition

Tracey B. Frisch, Staff Attorney at the American Arbitration Association; Adjunct Professor at Cardozo School of Law

Hon. Shirley Werner Kornreich, Justice of the New York State Supreme Court (Commercial Division)

CLE credit: This program offers 2 CLE credits, transitional and non-transitional

To register: http://goo.gl/jpo9R

Questions? Contact Brian Farkas at brian.farkas@law.cardozo.yu.edu

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Comments

  • M. Graff says:

    This Delaware case is exceedingly important for the future of the relationship between courts and ADR. I’m very grateful to see it getting this degree of scholarly attention.

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