The Delaware Court of Chancery is said to be mulling options to revive its confidential arbitration program after the U.S. Supreme Court denied the Chancery Court’s certiorari petition, effectively ending the program. Corporate law experts said the program is worth saving and that only a few minor tweaks could make Chancery Court arbitration compliant with federal law.
“There is a big move in favor of arbitration, particularly among multinational corporations,” said Jill E. Fisch, a corporate law professor at University of Pennsylvania Law School. “I don’t think the federal court opinions declaring the program unconstitutional indicated that the program is not fixable. The opinions created a lot of room for modification.”
