Ins And Outs Of Nonparty Discovery In Texas Arbitration
March 22, 2013, 11:43 AM EDT
Law360, New York (March 22, 2013, 11:43 AM EDT) -- Little has been written about the ability of parties to obtain nonparty discovery in arbitrations conducted under Texas law. Many lawyers simply assume that since they have the power to issue subpoenas, they have the power to compel nonparties to produce documents or provide testimony in Texas arbitrations. This notion is bolstered by arbitration rules, which often permit any person authorized by law to subpoena witnesses or documents.
However, an attorney who believes he has the power to compel nonparties to deliver documents to that attorney’s...