As reported here in March of 2014, the U.S. Supreme Court declined to grant certiorari of the Delaware Court of Chancery’s appeal of the Third Circuit’s ruling in Delaware Coalition for Open Government v. Strine, declaring its confidential arbitration program unconstitutional.
Since the denial of certiorari, however, the State of Delaware has been actively considering the implementation of a new arbitration process in the Delaware Court of Chancery. According to this recent article by The News Journal, a working group of a few judges, several lawyers and some state officials has developed a concept draft of the new proposed arbitration proceedings. Under the draft, the program would not use sitting judges, but private arbitrators who are selected by the disputing parties.
This proposal is expected to be ready for consideration to the Delaware General Assembly in sometime in 2015. Stay tuned for further developments.