Parties to a reinsurance agreement arbitrated a claims dispute, agreeing that the final award and all "arbitration information" be kept confidential. The prevailing party moved to confirm the award and to seal the award. The court found that there was a strong presumption of access to court records, and that the award should be sealed only if there was a showing that the material was of the kind of information that courts will protect, and that disclosure would work a clearly defined and serious injury to the party seeking closure. Evaluating the factors to be considered in evaluating a request to seal a portion of a court record set forth by the Third Circuit, the court found that the award should be sealed. Century Indem. Co. v. Certain Underwriters at Lloyd's, London, Case No. 08-219 (USDC E.D. Pa. Jan. 12, 2009).
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Court grants motion to seal arbitration award
- Jorden Burt LLP
- Rollie Goss
- USA
- February 10 2009
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Dr Jürgen Fegbeutel
Legal Services Director
BMW (South Africa) (Pty) Ltd