ADR
My earlier article addressing discovery from non-parties in arbitration (“Pretrial Discovery of Documents From Non-Parties in Arbitration,” published Feb. 21) revealed that the speed, efficiency, reduced cost and confidentiality that are generally the desiderata of those employing arbitration in cases subject to the Federal Arbitration Act (FAA) often come at a price. Specifically, parties may suddenly discover that the wide-ranging discovery to which they have become accustomed in court litigation may not be available when application for such is made to the arbitrator. This is particularly true when discovery is sought of those who are not parties to the arbitration, and it may become even more problematic when that discovery is sought in a jurisdiction far removed from the place of arbitration.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
