July 10, 2023
Delaware Supreme Court Issues Order for CCLD Cross-Designation in the Court of Chancery
On February 23, 2023, the Delaware Supreme Court issued an order granting jurisdiction to the Superior Court’s Complex Commercial Litigation Division (“CCLD”) over actions filed under 8 Del. C. § 111. This process is known as special designation, or cross-designation.
The Order designates five Superior Court Judges sitting in the CCLD, “with the consent of the Chancellor[,] to sit as [] Vice Chancellor[s] on the Court of Chancery for the purpose of hearing and deciding cases filed under Section 111 . . . .” Section 111 provides jurisdiction to interpret, apply, enforce, or determine the validity of corporate instruments and provisions. This year will serve as a trial period for the cross-designation grant, at which point it will be evaluated to determine whether it should be extended.
The CCLD is no stranger to million-dollar corporate disputes: established in 2010, it was created to provide a Delaware state court venue for complex commercial claims at law.[1] With over a third of new cases filed with the Court of Chancery in 2022 requesting expedited treatment, this arrangement is intended to lessen the caseload and increase the overall efficiency of the Court of Chancery.
Additional information is available at the resources below.
The Order designates five Superior Court Judges sitting in the CCLD, “with the consent of the Chancellor[,] to sit as [] Vice Chancellor[s] on the Court of Chancery for the purpose of hearing and deciding cases filed under Section 111 . . . .” Section 111 provides jurisdiction to interpret, apply, enforce, or determine the validity of corporate instruments and provisions. This year will serve as a trial period for the cross-designation grant, at which point it will be evaluated to determine whether it should be extended.
The CCLD is no stranger to million-dollar corporate disputes: established in 2010, it was created to provide a Delaware state court venue for complex commercial claims at law.[1] With over a third of new cases filed with the Court of Chancery in 2022 requesting expedited treatment, this arrangement is intended to lessen the caseload and increase the overall efficiency of the Court of Chancery.
Additional information is available at the resources below.
- Guidelines for Requesting Special Designation of Judicial Officers in Court of Chancery Actions (Mar. 15, 2023), available at https://courts.delaware.gov/forms/download.aspx?id=185928.
- 2022 Annual Report and Statistical Information for the Delaware Judiciary, available at https://courts.delaware.gov/aoc/annualreports/fy22/index.aspx.