U.S. Court of Appeals for the Third Circuit

Case Status


Docket Number


Oral Argument Date

May 06, 2013


Case Updates

Third Circuit invalidates Delaware Court of Chancery's confidential arbitration program

October 23, 2013

Click here to view the opinion.

U.S. Chamber files amicus brief

December 18, 2012

The U.S. Chamber urged the Third Circuit to reverse the judgment of the U.S. District Court for the District of Delaware that struck down a 2009 Delaware statute that provides for confidential arbitration of business disputes by Court of Chancery judges. The statute allows the Chancellor of the Delaware Chancery Court, upon request of the parties, to appoint a Chancery Judge to serve as an arbitrator in business-to-business disputes. The court ruled that the program violates the First Amendment because it allegedly foreclosed the public’s “right to access” government proceedings.” The Chamber argued in its amicus brief that arbitration is not “civil litigation by another name” and this program provides a cost-effective and efficient way for businesses to resolve disputes, especially complex commercial ones. The Chamber also argued that because confidentiality is essential to arbitration, businesses will not arbitrate publicly before Court of Chancery judges. Requiring public disclosure a confidential process vitiates any benefits of openness and ignores the substantial public costs this decision imposes.

Case Documents