Litigation

Arbitration and the Market for Corporate Law

By Francis G.X. Pileggi

Professor Larry Ribstein provides a thoughtful discussion here about a recent merger agreement highlighted by Professor Steven Davidoff and the inclusion in that document of an arbitration clause as well as a choice of law clause applying Delaware law--which led to separate analysis of the recently implemented arbitration rules adopted by the Delaware Court of Chancery. Here is my recent post describing those new rules. Both professors discuss the recently enacted Delaware arbitration rules in the context of the perception that Delaware is attempting to maintain its "market" for corporate litigation as a corollary to its efforts to keep its preeminence in corporate law.

Full post as published by Delaware Corporate and Commercial Litigation Blog on February 24, 2010 (boomark / email).