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Taking a Targeted Approach to Arbitration Discovery
Robert J. Jossen, Matthew L. Mazur and Michael J. Sullivan of Dechert write: In drafting arbitration agreements, parties should deal with discovery issues at a time when they are in an agreeing mood. Where this has not occurred, counsel must take a targeted approach to arbitration discovery. The focus must be on obtaining evidence necessary to prove key facts at a hearing, with recognition that many of the evidence-gathering tools familiar to civil litigators may be unavailable.
