Is arbitration quicker and cheaper than litigation? The reality is, unfortunately, that there is often little difference. What is more, in the wake of two recent US court cases, there is a risk that international arbitrations with a US connection will ever more closely resemble litigation in terms of speed and cost.
English litigators can obtain discovery in the US against parties to English litigation and against non-parties. The US courts have the power to order such discovery under the rules of section 1782 of Title 28 of the US Code. Historically, these rules were not available as a means of obtaining discovery for international arbitrations. However, that could all change as a result of recent decisions in the US courts.
