Arbitration Discovery Has Its Limits

Law360 (February 17, 2009, 12:00 AM EST) -- Arbitration continues to grow in popularity as a means for resolving disputes because of the many features it can offer instead of litigation, including the more streamlined and cost-effective discovery process typical in arbitrations.

While a limited scope to discovery has its benefits, there are situations in which parties will need more extensive discovery to frame their side of a disputed matter.

A November 2008 federal appellate decision has clarified that parties to arbitrations cannot compel pre-hearing document discovery from non-parties.

This decision may cause parties...
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