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Delaware’s Closed Door Arbitration: What the Future Holds for Large Business Disputes and How It Will Affect M&A Deals | Panelists: Chief Justice Myron T. Steele of the Delaware Supreme Court, et al.

Delaware’s Closed Door Arbitration: What the Future Holds for Large Business Disputes and How It Will Affect M&A Deals | Panelists: Chief Justice Myron T. Steele of the Delaware Supreme Court, et al.

Professor Stipanowich: Today Professor Anderson and I are honored to participate in a discussion with our Distinguished Visiting Jurist, Chief Justice Myron T. Steele of the Supreme Court of Delaware, and a panel of individuals who have extensive experience representing leading corporations in litigation in the Delaware courts. We are here to discuss the Delaware Open Door Arbitration Program, an experiment that attempts to marry the expertise of Delaware’s famous Court of Chancery with the concept of private binding arbitration. Only recently this program was the subject of a decision by a Pennsylvania federal district court judge, sitting by designation, in Delaware Coalition for Open Government v. the Honorable Leo E. Strine, Jr., et al., which concluded that the implementing Delaware statute and Chancery Court Rules violated the qualified public right of access to trial under the First Amendment. Right now, this decision has been appealed to the Third Circuit, and I’m told, may make its way to the Supreme Court.

To begin our cutting edge discussion on this fascinating topic, I can think of no more knowledgeable individual than Chief Justice Myron Steele of the Supreme Court of Delaware…

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