Nonparty Discovery in US Arbitrations: The Legal Challenges & Differences from Litigation [CC]

    Nonparty Discovery in US Arbitrations: The Legal Challenges & Differences from Litigation [CC]
    CLE 60 min

    Nonparty Discovery in US Arbitrations: The Legal Challenges & Differences from Litigation [CC]

    As more domestic disputes move to arbitration, advocates and neutrals need to know how to properly address nonparty discovery in arbitration, which is very different from court litigation. This program will explain the differences, offer practical tips, and share best practices using both a mock argument and a conversation between two experienced arbitrators who routinely handle these requests.

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    Closed Captioned.

    Two neutrals - Janice Sperow and Theo Cheng - will preside over a mock argument in which advocates will present various contentiosn regardign th eissuance of a nonparty subpoena (or summons) in arbitration. The argument will serve to highlight some of the key differences in nonparty discovery as compared to the issuance of process in a court litigation. Using the argument as a backdrop, Janice and Theo will interactively ask each other how to handle subpoenas for nonparty discovery in domestic arbitration. They will explain the key differences between the court process and arbitration process for handling subpoena requests. Most advocates, and even many neutrals, either do not know the correct procedure or are unaware of recent cases that have changed the process to issue third-party subpoenas. Recognizing that this could seem like a "dry" subject, the speakers will ask each other questions and mock scenarios to enliven the subject while still educating attendees on this important, changing topic. Theo is in New York and will speak to that area of the country, and Janice is in California, and will speak to that area of the country. Both will also cover the Federal Arbitration Act's requirements as well.

    Product Details

    Panelists

    Janice L Sperow, Theodore K Cheng

    Sponsors

    Section of Dispute Resolution

    Product Code

    DR2104SCOLC2

    Duration

    60

    Publication Date

    4/14/2021 12:00:00 AM

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