Winning a commercial arbitration often requires obtaining testimony and/or documents from a non-party. Unlike a federal or state court—which permits liberal discovery and allows for the use of subpoenas to obtain non-party pre-trial discovery—there is no enforceable mechanism in an arbitration to compel a non-party to produce discovery. So how can you prove your case/defenses? A recent Second Circuit decision—in which we represented the winning party—shows how successfully to use Section 7 of the Federal Arbitration Act (FAA) to obtain the non-party testimony and documents you need.