In an article that appears in “Agenda,” a publication produced by “Financial Times,” Professor Jill Gross provides her perspective on the decision of the 3rd Circuit Court of Appeals that upheld a ruling that shut down the Delaware Court of Chancery’s court-annexed arbitration program. The piece explores possible next steps on the matter now that the deadline has passed for the Chancery Court’s attorneys to demand a review of the decision.
“There’s a suggestion that they design a more open program, but public access is antithetical to arbitration,” says Professor Gross, director of Pace Law’s Investor Rights Clinic. “It would defeat the purpose of using arbitration if it were open to the public. It’s a Catch-22, I think.”
To read the entire article, which includes additional comments from Professor Gross, click here.