Traditionally, all aspects of reinsurance arbitrations were considered confidential, including the arbitration award. Most reinsurance arbitrations today still include agreement on a confidentiality order. Nevertheless, when one of the parties to a reinsurance arbitration goes to court to either confirm, modify or vacate the final award, a tension arises between accessing the public court system and maintaining confidentiality. Over the last several years, multiple courts have addressed that tension by unsealing arbitration awards.

In a recent case, the Third Circuit Court of Appeals, followed this trend and unsealed what was a confidential arbitration award. This time at the request of a reinsurer that was not a party to the award.

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