Arbitration has been hailed by the highest court of the land as an expeditious, legally binding, alternative to the civil trial. This federally favored form of dispute resolution is especially attractive to large businesses eyeing arbitration’s traditional benefits like: arbitrators with specialized expertise, cost efficiency, expedience, and confidentiality. Why then wouldn’t the Delaware State Legislature merge the genius of arbitration with its Court of Chancery that is nationally renowned for its ability to expertly adjudicate complex business matters, in order to create a revolutionary judicial arbitration program? It would, and it did. One of the law’s most attractive characteristics doubles as the root of controversy: the arbitrations are conducted by sitting Court of Chancery judges.
Gellaine T. Newton, Like Oil and Vinegar, Sitting Judges and Arbitrators Do Not Mix: Delaware's Unique Attempt at Judicial Arbitration, 5 Y.B. Arb. & Mediation 449 (2013).