A Model Arbitral Subpoena

Law360, New York (January 29, 2016, 10:43 AM EST) -- Section 7 of the Federal Arbitration Act[1] authorizes the issuance of arbitral subpoenas. The laws of many states, such as Section 7505 of New York's Civil Practice Law and Rules, also authorize subpoenas in aid of arbitration. However, many practitioners, and arbitrators for that matter, are uncertain about the nuts and bolts of the actual issuance of arbitral subpoenas. Recently, two committees of the New York City Bar Association issued a report on this subject that included an annotated model federal arbitral subpoena.[2] This article discusses that model subpoena[3] as well as other issues raised by arbitral subpoenas. The form of the model subpoena, without annotations, is appended to the end of this article....

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