So says a federal district court. Steven Davidoff has the details. Jim Hamilton comments. The WSJ explains:
Delaware's Court of Chancery two years ago began a program in which sitting judges can arbitrate business disputes behind closed doors, with no public record of the proceedings.
But U.S. District Judge Mary A. McLaughlin ruled Thursday that the so-called judicial-arbitration procedure is the equivalent of a civil trial, meaning the public is entitled to have access to the proceedings under the First Amendment. ...
The Chancery judges named as defendants in the challenge said they would appeal her ruling. "In an increasingly competitive global marketplace, the United States cannot afford to be at a competitive disadvantage in providing efficient ways for businesses to resolve their disputes. Otherwise, businesses will tend to move toward other nations that provide that advantage," the Chancery judges said in a written statement.
