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I got two things confused. They had secret arbitration as part of the Chancery court and but apparently it was shut down by the federal courts

Thanks for pointing that out

http://articles.chicagotribune.com/2014-03-24/news/sns-rt-us...



Arbitration proceedings are normally private and confidential, by consent of both parties, so the fact that it was "secret arbitration" isn't surprising. It looks like the news media were describing this as "secret courts", which seems a little sensationalist.

It seems to have been a way for standing court judges to decide arbitration cases. Without knowing anything about the circumstances, that seems better than having other people who are not judges decide arbitration cases, no? What was the problem with it?

This page seems to have more detail: http://apps.americanbar.org/litigation/committees/commercial... - since it was a government-sponsored program, the public has the right of access because courts have a tradition of accessibility.




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