Page 16 - Delaware Lawyer - Summer 2023

FEATURE
Dispute Resolution
The Hon. Andrea L. Rocanelli and Kali E. Swoyer
Broken-Deal
The Delaware forums and the importance of Delaware counsel’s role
There are, arguably, two hallmark elements of Delaware law: (1) Delaware is the mecca of business law and (2) “The Delaware Way.” This article examines two questions that flow from these notions in connection with the resolution of broken-deal commercial disputes. The first is, how do these elements converge in resolving business disputes? The second is, what role should Delaware counsel play?
14 DELAWARE LAWYER SUMMER 2023
Delaware’s Court of Chancery is long- established as the preeminent busi- ness court in the country. Though not exclusively a business court, the Dela- ware Supreme Court is nevertheless also regarded as such, with a reputation for issuing astute and well-reasoned business decisions. In 2010, Delaware reinforced
its position as the preeminent business law jurisdiction in the country with the establishment of the Complex Commer- cial Litigation Division (CCLD) of the Delaware Superior Court. With the insti- tution of the CCLD, litigants have more options and access to Delaware courts with business law expertise.