ARIAS U.S. 2019 Fall Conference

Confidentiality—Does it Still Exist? Should it?

This session will explore recent case law addressing the issue of confidentiality in reinsurance arbitrations and also provide guidance to practitioners, arbitrators and clients on the state of confidentiality in a typical arbitration. We will also explore whether the ARIAS form should be enhanced in light of recent case law developments as well as broader issues, including the value of confidentiality itself and how arbitrators should treat attempts to use confidential materials from other arbitrations (including rulings) in the arbitrations before them.