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The New (Semi) Confidential Arbitration Award

AIRROC Matters | Summer 2013
By: Michael Olsan and Brendan McQuiggan

A significant number of reinsurance contracts, particularly treaties implicated in claims involving runoff operations, contain arbitration clauses but do not require that the arbitration be confidential. Nevertheless, many ceding companies and reinsurers alike continue to prefer the “traditional” approach: to conduct their arbitrations in private and treat the process and result as confidential. If that is the preference of the parties to a dispute, they ordinarily execute a confidentiality agreement to that effect and anticipate the entire arbitration, including the award itself, will remain confidential, even if the dispute ends up in court. Until fairly recently, the parties could have been confident that their expectations would be fulfilled.

Read the complete article in AIRROC Matters. 

This correspondence should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult a lawyer concerning your own situation and legal questions.
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