Can you be subpoenaed in arbitration?

Anyone authorized by law to issue subpoenas may do so in arbitration. An arbitrator or other person who is authorized by law to subpoena witnesses or documents may sign a subpoena in an arbitration.

How do you enforce an arbitration of subpoena?

The statutory mechanism for judicial enforcement of an arbitration “subpoena” – in actuality, an arbitrator’s summons to give evidence — is simply by petition to “the United States District Court for the district for which such arbitrators, or a majority of them, are sitting….” Federal Arbitration Act (“FAA”) § 7, 9 …

What is an arbitrator’s decision called?

The arbitrator’s final decision on the case is called the “award.” This is like a judge’s or jury’s decision in a court case. Once the arbitrator decides that all of the parties’ evidence and arguments have been presented, the arbitrator will close the hearings.

Can a third party subpoena in an arbitration hearing?

The Sixth Circuit also read an implicit power to subpoena third party pre-hearing discovery from the FAA’s grant of authority to subpoena production of documents to an arbitration hearing. Am. Fed’n of Tel. & Radio Artists v.

Can a third party discover a document in arbitration?

Documents are only discoverable in arbitration when brought before arbitrators by a testifying witness. The FAA was enacted at a time when pre-hearing discovery in civil litigation was generally not permitted.

Can a court issue a third party discovery subpoena?

In traditional litigation, of course, third party discovery subpoenas are routine and the authority of the parties or the courts to issue them is well recognized. In arbitration proceedings, however, whether you can issue such third party discovery subpoenas varies depending on the controlling law in your dispute. [1]

How does the scope of discovery work in arbitration?

And one of the primary drivers of those time and cost savings is the scope of discovery, which is typically more narrow in arbitration than in traditional litigation – a limitation driven by contract, the parties’ post-dispute agreements and/or the arbitrator’s influence and control.

How are witnesses compelled to attend arbitration hearings?

The attendance of witnesses at arbitration hearings may be compelled through the issuance of subpoenas as provided in the Code of Civil Procedure, in section 1985 and elsewhere in part 4, title 3, chapters 2 and 3.