Arbitration Confidentiality

David Reif offers this cautionary tale in his blog post discussing the Third Circuit’s decision in Pennsylvania National Mutual Casualty Insurance Group v. New England Reinsurance Corporation, 2020 U. S. App. LEXIS 40342 (3rd Cir. Dec. 24, 2020):

“When you move to confirm an award, if you believe that the case might settle while the application is pending, consider whether you want to or need to attach the award itself and, thus, expose it to the world and unnecessarily destroy the presumed confidentiality of arbitration proceedings.”

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