The Loss Of Confidentiality In NY Arbitral Enforcement Cases
Law360, New York (February 27, 2017, 10:33 AM EST) -- Individuals and corporate entities alike choose arbitration to resolve their disputes for many reasons, not the least of which is the ability to shield such disputes from the prying eyes of the public. Indeed, confidentiality and the private nature of arbitration are critical to ensuring access to justice without any associated fear of negative publicity or unwanted disclosure of confidential or private information. However, a sobering series of decisions over the years from the federal district courts in New York has made clear that the valued benefits of confidentiality attendant to the arbitration itself—derived primarily from the parties' agreement or the rules of arbitration they have chosen—will almost assuredly be rendered ineffectual if and when recognition and enforcement is sought in New York....
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