Confidentiality of Arbitration Awards in the U.S.
My friend Michael Fox at Jottings by and Employers Lawyer discusses how arbitration "awards get published (and don't) and where to find them". This is, of course, a U.S. focused article. He points to Publication and Confidentiality of Labor and Employment Arbitration Awards Looking for an Arbitration Award? Here's the Story at Alaska Employment Law Blog written by Robert Landau who is a full time arbitrator in Alaska. It's a very interesting article setting out some of the reasons why arbitration awards are or are not published in the U.S. and the hurdles (express or implied) that permit the publication of the articles.
In Canada, many (though, I assume, not all) awards are available from free or for fee sources. Canlii whose Mission is "To support the legal profession in the performance of its duties while providing the public with permanent open access to the legal heritage of all Canadian jurisdiction." has a search tab that allows for the searching of some Ontario arbitration decisions.
In Ontario, at least, the Labour Relations Act, 1995 allows the Ministry of Labour to prescribe regulations "requiring the filing with the Ministry of Labour of awards of arbitrators and arbitration boards" In fact, the Ministry has passed a Regulation that provides, in part:
Part of the "downside" to arbitration is, of course, that you might lose and the other side will have a decision that they can rely upon. However, a sometimes equally great risk is that the decision will be made public (or at least will be publicly available). In the U.S. at least, it sounds like one of the parties can short-circuit the publication by not giving its consent.
In Canada, many (though, I assume, not all) awards are available from free or for fee sources. Canlii whose Mission is "To support the legal profession in the performance of its duties while providing the public with permanent open access to the legal heritage of all Canadian jurisdiction." has a search tab that allows for the searching of some Ontario arbitration decisions.
In Ontario, at least, the Labour Relations Act, 1995 allows the Ministry of Labour to prescribe regulations "requiring the filing with the Ministry of Labour of awards of arbitrators and arbitration boards" In fact, the Ministry has passed a Regulation that provides, in part:
1.(1) Every arbitrator shall, within 10 days after issuing an award, file a copy with the Minister.
(2) A record of all awards filed under subsection (1) shall be maintained.
(3) Any person is entitled to a copy of an award filed under subsection (1), on request and on payment of the following fee:
1. For a copy of every award filed in a one-year period, $4,400.
2. For a copy of an award, 50 cents per page, if the person has not paid the fee described in paragraph
(2) A record of all awards filed under subsection (1) shall be maintained.
(3) Any person is entitled to a copy of an award filed under subsection (1), on request and on payment of the following fee:
1. For a copy of every award filed in a one-year period, $4,400.
2. For a copy of an award, 50 cents per page, if the person has not paid the fee described in paragraph
Part of the "downside" to arbitration is, of course, that you might lose and the other side will have a decision that they can rely upon. However, a sometimes equally great risk is that the decision will be made public (or at least will be publicly available). In the U.S. at least, it sounds like one of the parties can short-circuit the publication by not giving its consent.
