In reinsurance arbitrations, most parties agree to confidentiality and enter into a formal confidentiality order. The confidentiality order typically applies to the final award as well as all materials generated in the arbitration. Some insurance and reinsurance agreements have confidentiality provisions that lead to the same result. The ARIAS-U.S. Rules for U.S. Insurance & Reinsurance Disputes presumes confidentiality (7.1 and 7.2) and ARIAS has a model confidentiality agreement.
In two previous blog posts, we discussed some of the issues with confidentiality in arbitration and whether arbitration awards and materials should be sealed when there is a petition to vacate or confirm the award. In a recent case outside of the insurance and reinsurance world, a Missouri federal court addressed a similar question.