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Resources for Arbitrators and Mediators
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Confidentiality of Arbitration Proceedings |
Arbitrators must consider all aspects of an arbitration to be confidential. Records of the arbitration hearing should not be provided by the arbitrators to nonparties. Awards in customer cases are available to the public under the rules of each SRO. An arbitrator should not distribute awards. This confidentiality provision applies only to the arbitrators; it does not apply to the parties. Nothing in this provision should be interpreted as either imposing a blanket of confidentiality on the parties to the arbitration or preventing the arbitrators from entering a confidentiality order as to certain documents and information exchanged between the parties in the course of the arbitration and in accordance with the provisions set forth in the “Prehearing Conference” section of this manual. Absent an agreement or order to the contrary, parties are generally free to disclose details of their own proceeding as they see fit.
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