February 27, 2017
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Counsel Jonathan Tompkins (New York-International Arbitration) wrote an article, titled “The Loss of Confidentiality in NY Arbitral Enforcement Cases,” that was published by Law360 on February 27.
In this article, Tompkins examines a series of decisions from the federal district courts in New York that have made clear that the benefits of confidentiality attendant to arbitration will almost certainly be rendered ineffectual if recognition and enforcement is sought in New York. He cautions that “parties in arbitration who have assets in the United States and who are concerned about the confidentiality of their dispute and any and all documents related thereto, including most notably the award itself, should be aware of the New York courts’ general reluctance to seal records in post-award recognition and enforcement proceedings and the risks that this poses to existing secrecy obligations.”