ADR
My earlier article addressing discovery from non-parties in arbitration (“Pretrial Discovery of Documents From Non-Parties in Arbitration,” published Feb. 21) revealed that the speed, efficiency, reduced cost and confidentiality that are generally the desiderata of those employing arbitration in cases subject to the Federal Arbitration Act (FAA) often come at a price. Specifically, parties may suddenly discover that the wide-ranging discovery to which they have become accustomed in court litigation may not be available when application for such is made to the arbitrator. This is particularly true when discovery is sought of those who are not parties to the arbitration, and it may become even more problematic when that discovery is sought in a jurisdiction far removed from the place of arbitration.
