Arbitration is private, not necessarily confidential

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted March 27, 2023 11:23 AM

Correcting the common misconception that arbitration — “a private process of adjudicating disputes outside the public setting of a courtroom” — is “inherently confidential,” a Delaware chancellor denied a request for an order that would have kept five exhibits and portions of a petition to vacate an arbitration award from being available to the public.Soligenix Inc. pursued fraud and contract claims against Emergent Product Development through the American Arbitration Association. A stipulated protective order permitted …

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