One of a Kind Arbitration Venue Watch Needham Center for ArbitrationPlay button Reserve Now

Resolve Litigation Out of Court

Understanding Arbitration Courts and Privacy in Arbitration

Arbitration courts, or arbitration tribunals, are private dispute resolution forums where parties agree to have their legal matters decided by a neutral third party, known as an arbitrator. Unlike traditional courts, arbitration is often faster, less formal, and more cost-effective. It is commonly used in commercial disputes, employment disagreements, and contractual matters. Arbitration can be either binding, meaning the decision is final and enforceable, or non-binding, where parties can still pursue litigation if unsatisfied with the outcome.

One of the key benefits of arbitration is confidentiality, as proceedings typically take place behind closed doors rather than in a public courtroom. This privacy makes arbitration an attractive option for individuals and businesses seeking to resolve disputes without public scrutiny. The level of confidentiality, however, depends on the arbitration agreement and the rules of the governing arbitration body.

To ensure your arbitration matter remains private, consider including a confidentiality clause in the arbitration agreement. This clause should explicitly state that all documents, testimony, and awards will remain confidential. Additionally, selecting an arbitration institution with strong confidentiality rules, such as the American Arbitration Association (AAA) or JAMS, can help safeguard privacy. Lastly, be cautious about discussing the case with third parties, as even private matters can become public if information is shared outside the arbitration process.