In arbitration, as in other methods of dispute resolution, third parties often possess valuable information crucial to the dispute. Third parties, however, are not bound by the parties’ arbitration agreement, and so compelling documents or testimony from third parties is a matter of law in the arbitral seat.
Section 7 of the Federal Arbitration Act (FAA) provides that “arbitrators … may summon in writing any person to attend before them … as a witness and in a proper case to bring with him or them any book, record, document, or paper which may be deemed material as evidence in the case.” Ostensibly, this provision authorizes arbitrators to compel document production from “any person” during a hearing. However, parties and practitioners seeking third-party discovery must consider three key questions.
