Recently, AF has been receiving calls from insureds regarding the arbitrator’s decision on their case. We would like to remind our membership that arbitration proceedings among members as administered by Arbitration Forums, Inc. (AF) are confidential. An insured is not a party to the proceedings, and a decision cannot be used for res judicata or collateral estoppel. AF’s arbitration rules require confidentiality. As a result, members should refrain from sharing arbitration decisions with third parties. 

Terms of Use
AF’s Terms of Use requires all Data and Information obtained through use or access to Services, the Site, Online Products, or Data Integrations to be kept strictly confidential, meaning Users shall not disclose Data and Information to any other party, except as expressly provided by the AF Terms of Use.

In addition, AF’s Terms of Use requires users to defend, indemnify, and hold AF and any of its directors, officers, members, employees, agents, consultants, parents, affiliates, successors, assigns, suppliers, or service providers harmless from and against any and all claims, actions, proceedings, and suits and all related liabilities, losses, damages, judgments, settlements, penalties, fines, costs, and expenses (including, without limitation, reasonable attorneys’ fees and costs) arising out of (1) your use or misuse of any of the Services; (2) your breach or alleged breach of these Terms of Use.

Agreements, Rules, and Reference Guide
The subrogation arbitration agreements signed by members include a final sentence in Article Third stating that “[a]ll matters concerning an arbitration proceeding shall be held in strict confidence.” For example, see Article Third of the Automobile Subrogation Arbitration Agreement. 

The Reference Guide to Arbitration Forums, Inc.’s Agreements and Rules (p. 22) includes the following statement:

“The last sentence in Article Third stresses the importance of confidentiality in arbitration proceedings. AF, the arbitrator, and all participants must treat all matters connected to arbitration proceedings with strict confidence. This includes sharing the decision with other parties. Since the decision is neither res judicata nor collateral estoppel, there should be no reason to disclose the decision to any other party.”

The applicable Arbitration Forums, Inc. Rules also requires members to maintain confidentiality. Rule 3-6 states: 

“Procedure at arbitration hearings is informal and confidential….”

If you have any further questions, please do not hesitate to contact the Legal department at legal@arbfile.org.