“Is Arbitration Confidentiality Lost When an Award Is Filed?”

This article by Abraham Gafni, published in The Legal Intelligencer, adds to the discussion of the Third Circuit’s decision in National Mutual Casualty Company Insurance Group (Penn National) v. New England Reinsurance, 20-1635 and, No. 20-1872 (3^rd Cir. Dec. 24, 2020), holding that a petition to confirm an arbitration award serves to make public the award when it is made part of the judicial record. Mr. Gafni suggests that, to the extent public disclosure is of concern, a party should consider the possibility of settlement before seeking confirmation.