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Edward M. Spiro and Christopher B. Harwood Edward M. Spiro and Christopher B. Harwood

In an arbitration, third-party discovery—i.e., seeking documents or testimony from non-parties—can raise thorny legal issues, particularly where the non-parties and the arbitrator are located in different jurisdictions. Practitioners seeking to enforce arbitral subpoenas need to consider personal jurisdiction and procedural requirements through the lens of both the Federal Arbitration Act (FAA) and the Federal Rules of Civil Procedure (FRCP). Senior U.S. District Court Judge Jed S. Rakoff for the Southern District of New York recently conducted a nuanced analysis of these issues in Broumand v. Joseph, 2021 WL 771387 (S.D.N.Y. Feb. 27, 2021), a subpoena enforcement proceeding where the out-of-state respondents successfully resisted arbitral subpoenas.

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