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Public Access v. Arbitration Confidentiality: A Balancing Act That Tilts Towards Access

06.29.2008

Introduction

One of the benefits of arbitration is the confidentiality of the submissions, discovery and evidence. Global Reinsurance Corp.-U.S. Branch v. Argonaut Insurance Co., No. 07CV8196, 2008 U.S. Dist. LEXIS 32419 (S.D.N.Y. Apr. 18, 2008) ("The federal policy in favor of arbitration is promoted by permitting one of the principle advantages of arbitration - confidentiality - to be achieved."). See also Lederman v. Prudential Life Ins. Co. of Am., 897 A.2d 362, 370-71 (N.J. Super. Ct. App. Div. 2006); Laurie Kratky Dore, Public Courts Versus Private Justice: It's Time to Let Some Sun Shine in on Alternative Dispute Resolution, 81 CHI.-KENT. L. REV. 463, 465-66 (2006); 4 Am. Jur. 2d Alternative Dispute Resolution ? 67 (2007). Confidentiality may be imposed by language in the arbitration clause or by an agreement or order in the arbitration.

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