Schorr v. American Arbitration Association

Background

David E. Schorr filed an amended letter-motion asking the court to seal entirely a financial decision from his matrimonial proceeding. The court had previously ordered the decision temporarily sealed and directed Schorr to submit proposed redactions. Schorr stated that he had submitted those redactions but requested that the document remain sealed in full.

Schorr’s letter said that the case’s second amended complaint included a complaint against the American Arbitration Association’s International Centre for Dispute Resolution and a petition under the Federal Arbitration Act. According to the letter, the petition sought, among other relief, appointment of a new arbitrator to complete the arbitration. Schorr argued that the matrimonial financial decision was not relevant to whether the arbitration should be restarted or whether the contract’s inquest provision was enforceable.

Arguments About Sealing

Schorr cited New York Domestic Relations Law § 235(1), which restricts access to certain records from matrimonial proceedings unless a court permits access. He argued that the law reflected a strong policy favoring confidentiality of matrimonial records. He also cited decisions discussing the federal presumption of public access to judicial documents and the consideration of countervailing privacy interests, arguing that the financial decision was not central to any ruling on the arbitration petition.

Ruling

The court granted the request to seal the financial decision. The order states only, “Granted,” and does not separately explain the court’s reasoning.