Fall 2012 – Symposium

DE Supreme Court

Fall 2012 Symposium

Delaware’s “Closed-Door” Arbitration:
What The Future Holds For Large Business Disputes

Pepperdine University School of Law
Tuesday, October 30, 12:30–2:30 PM

Myron T. Steele: Chief Justice of the Delaware Supreme Court
James Griffin: Weil, Gotshal & Manges LLP
Katherine Blair: K&L Gates LLP
Monica Shilling: Proskauer Rose LLP
Thomas J. Stipanowich: Pepperdine University
Robert Anderson: Pepperdine University

In April 2009, the Delaware State Legislature amended its laws to allow the Delaware Chancery Court to arbitrate private disputes in “closed-door” proceedings. The idea was to enhance Delaware courts’ prestige and extend its ability to adjudicate complex business disputes. In October 2011, the Delaware Coalition for Open Government filed suit contending Delaware’s closed-door arbitration proceedings were a violation of the First Amendment, which guarantees the public access to civil and criminal trials. The District Court struck down Delaware’s law, ruling the closed-door arbitration proceedings were effectively a civil trial and were required to be open to the public. This Symposium will explore the legal consequences of the District Court’s ruling, and the legal benefits Delaware’s closed-door arbitration proceedings offered its constituents. View the Fall 2012 Symposium Flyer.