U.S. Supreme Court Declines to Hear Appeal of Chancery Arbitration Program

As previously reported on these pages, the U.S. Court of Appeals for the Third Circuit found that a confidential arbitration program sponsored by the Court of Chancery for major business disputes ran afoul of the U.S. Constitution. The U.S. Supreme Court on March 24 declined to accept an appeal of that decision. That leaves the Court of Chancery no choice but to make amendments to the program to address the issues raised under the U.S. Constitution with some of its provisions.

Frank Reynolds of Thomson Reuters provides a helpful overview of the matter.

Postscript: The District Court decision upheld by the Court of Appeals in this matter, available at the above hyperlink, cited to a law review article co-authored by Kevin Brady and I regarding the background of the arbitration program.