The first of these reasons is that nothing in the rules of the American Arbitration Association (which settles most arbitration disputes) absolutely requires confidentiality. For example, triple`s rules for large and complex cases only state that the arbitrator must “respect the privacy of hearings, unless the law provides otherwise.” See AAA R-25 COMMERCIAL ARBITRATION PROCEEDINGS. The key word here is the privacy of “hearings”, which limits the scope of the rule. Of course, in an arbitration that has an impact on confidentiality, there is much more to it than just hearings. While the rule implies that an arbitrator should normally limit those attending the last arbitration hearing to essential parties and witnesses, there is nothing in the rules that requires that briefs, charges or the outcome be kept confidential. And there is no standard rule preventing those present at the arbitration from revealing what happened during the proceedings in a public forum. Therefore, taking into account the reciprocal promises, commitments, conditions and conditions set out therein, once signed by the Parties, this Agreement constitutes the entire Agreement of those Parties who intend to do so and who are bound by this Agreement. 6.11 Alternative Dispute Resolution. Any controversy or claim arising out of or in connection with this Agreement and the document to which this Agreement applies, or its breach, including the validity, extent, third-party effectiveness, and arbitration capacity of this Arbitration Agreement, shall be resolved by arbitration proceedings administered by the American Arbitration Association (“AAA”) in accordance with the applicable AAA Commercial Arbitration Rules. The judgment on the arbitrator`s arbitral award may be submitted to any court of competent jurisdiction. Any interim remedy that may be available in court is available from the arbitrator until arbitration.
The Federal Arbitration Act regulates all arbitration proceedings. The arbitration shall be conducted in Fort Worth, Texas, by a neutral arbitrator, chosen by aaa in accordance with the Commercial Arbitration Rules then in effect. Neither the party nor the arbitrator may disclose the existence, content or results of any arbitration proceeding under this Agreement without the prior written consent of both parties. All costs and expenses of the arbitration shall be borne equally by the parties making AAA filings upon request. A party`s failure or refusal to pay its share of the requested deposits constitutes a waiver by the unpaid party of its rights to be heard, to provide evidence, to cross-examine witnesses, and to assert counter-claims in arbitration. The arbitrator`s information about a party`s inability to pay its share of the deposits requested for the purposes of implementing this waiver shall not be considered to be an infringement of the arbitrator`s impartiality, neutrality, independence or ability to continue the arbitration. Each party shall be ordered to pay the costs of its own lawyer, experts, witnesses and the preparation and presentation of evidence. However, according to the arbitrator, the successful party is entitled to an additional reasonable attorney`s fee, arbitration and all objections to the arbitral award, as well as arbitration fees and AAA administrative fees. This arbitration agreement also applies after the termination or refusal of an agreement or contract to which this agreement applies. What should a client and his lawyer do to ensure that disputes within the jurisdiction of the courts are treated confidentially? It is very simple; make confidentiality in arbitration proceedings an explicit requirement in the agreement that contains the arbitration agreement.
And I explicitly propose to include provisions like these: and it`s no surprise that many people expect arbitration proceedings to take place in a confidential environment.