October 19, 2011 Articles

Discovery Subpoenas in Arbitration—Due Care Required

By David T. Lopez

The use of subpoenas for discovery in arbitration cases can be subject to significant obstacles, particularly when the discovery is directed at third parties. Practitioners must take care to consider the underlying statutory authority for the subpoenas, including the authority for effectively serving them on the potential respondents.

Generally, rules of arbitral organizations for both domestic and international arbitrations make provisions for obtaining discovery from parties, but they do not address how discovery might be compelled from nonparties.

Premium Content For:
  • Litigation Section
Join - Now