Reinsurance arbitrations are typically cloaked in confidentiality, often through a written confidentiality agreement or order. Some arbitration agreements include confidentiality provisions as well. In recent years, parties have gone to court to confirm reinsurance arbitration awards, sometimes as an end-around the confidentiality agreement. In 2023, the Second Circuit, in a non-reinsurance case, rejected an attempt to do an end-around an arbitration confidentiality provision.

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