F. Arbitration

Overview

This will vary by jurisdiction, though some courts have held that arbitration awards and records filed with the court are presumptively-open court documents. For example, the Sixth Circuit in U.S. v. Miami University, 294 F.3d 797, 822-23 (6th Cir. 2002) cited Jessup v. Luther, 277 F.3d 926, 928-29 (7th Cir. 2002) for the proposition that “settlement agreements and arbitrations are private documents subject to a right of access only when filed in the court record.”

Maine

By their nature, arbitrations are private and, therefore, confidential. An action to confirm an arbitration filed Superior Court is open to the public absent a court order.