Witness Subpoenas in Arbitration Proceedings
Bob has been around the block several times when it comes to deposing third-party witnesses in arbitration proceedings. He knows the Federal Arbitration Act (FAA) does not expressly allow for the full-blown discovery that parties routinely get under the Federal Rules of Civil Procedure.
July 22, 2021 at 12:12 PM
7 minute read
Charles F. Forer, Charles F. Forer Alternative Resolution Services ADR
Editor's note: This article describes a hypothetical situation.
Bob has been around the block several times when it comes to deposing third-party witnesses in arbitration proceedings. He knows the Federal Arbitration Act (FAA) does not expressly allow for the full-blown discovery that parties routinely get under the Federal Rules of Civil Procedure. Bob even can recite the language of the FAA regarding subpoenas: "The arbitrators … may summon in writing any person to attend before them or any of 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."
Bob gets that many courts do not allow arbitrating parties to subpoena third parties to testify or produce documents before the arbitration hearing starts because Section 7 of the FAA only authorizes arbitral summonses for a person physically to appear before the arbitrator to provide testimony and documents. See Hay Group v. E.B.S. Acquisition, 360 F.3d 404, 406-11 (3d Cir. 2004).
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