As arbitration is meant to be relatively expeditious and inexpensive, arbitrators are generally reluctant to encourage or allow the use of prehearing motions. There are times when such motions may aid the process and should be considered. Motions in aid of prehearing exchange of information are often wanted but parties should confer with each other before contacting the arbitrator to see if there would be agreement on a discovery issue.
Even with an agreement, most arbitrators will be conservative in allowance of discovery (e.g., no interrogatories or requests to admit, depositions will be limited if allowed at all). Thus, any motions or requests should be narrowly focused, setting forth specific reasons for the need for the information. The party should emphasize why the information sought is necessary to fairly present the party’s claims or defense. AAA Commercial Rules R-22 instructs that “The arbitrator shall manage any necessary exchange of information among the parties with a view to achieving an efficient and economical resolution of the dispute, while at the same time promoting equality of treatment and safeguarding each party’s opportunity to fairly present its claims and defenses. The motion should also propose an expedited time frame to accomplish this exchange as arbitrators are often hesitant to grant additional discovery if it will delay the hearing.
