• Divya Sharma

Arbitration as a form of Alternate Dispute Resolution (ADR) has proliferated widely, be it in national or international context. One of primary reason for choosing arbitration over ordinary court litigation has been the element of confidentiality, an aspect which the court litigation lacks. Incorporating this very concept as an alternative to the ordinary civil trials, the state of Delaware in 2009, came up with an amendment in their law which provided for State-Sponsored Arbitrations. However, it came under the scrutiny of the 3rd U.S. Circuit Court of Appeals which held the law as being unconstitutional as it violated the first amendment right, namely accessibility of the proceeding to the press and public. The ruling is about to be challenged in the US Supreme court, but for us it leaves a question worth debate, that whether the concept of arbitration can or cannot be dissociated from one of its very fundamental component, namely, confidentiality and privacy. This article endeavors to provide an answer to this very question by critically examining the reasoning adopted by the majority on one side and minority on the other. In Conclusion, the author evaluates the status of the Court-Sponsored Arbitration vis-à-vis the genesis of the commercial arbitration and its impact on the economy of the state of Delaware.

Secret Arbitration Panel, State Sponsored Arbitrations.

"SECRET ARBITRATION PANELS", International Journal of Emerging Technologies and Innovative Research (www.jetir.org), ISSN:2349-5162, Vol.6, Issue 2, page no.126-130, February-2019, Available :http://www.jetir.org/papers/JETIR1902619.pdf

"SECRET ARBITRATION PANELS", International Journal of Emerging Technologies and Innovative Research (www.jetir.org | UGC and issn Approved), ISSN:2349-5162, Vol.6, Issue 2, page no. pp126-130, February-2019, Available at : http://www.jetir.org/papers/JETIR1902619.pdf