Debating Appraisal Arbitrage Legislation

Recent appraisal litigation in the Delaware Court of Chancery has defendants calling for relief from the Delaware legislature. But is that a good idea? In two blog essays written for the Delaware Journal of Corporate Law, DJCL Internal Managing Editor William Burton and senior staff editor Tom Kramer discuss opposing viewpoints on appraisal arbritrage legislation. Burton examines the arguments raised in two recent cases before the Court of Chancery and ultimately concludes that the Delaware legislature must act to address major concerns with practices in appraisal litigation. Kramer, on the other hand, takes a critical look at the term “appraisal arbitrage” and a forthcoming paper on appraisal litigation in Delaware, and concludes that a legislative fix would be premature. Read both essays in full at

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