When parties agree to arbitrate their disputes, they consent to have an arbitrator, rather than a court, resolve disputes about whether particular documents are discoverable, including whether the documents are privileged. A novel legal issue exists, however, with respect to whether, in connection with a petition to enforce an arbitral subpoena under the Federal Arbitration Act (the FAA), a district court is authorized to consider de novo privilege objections to the production of the requested documents.
In Turner v. CBS Broadcasting, 2022 WL 1209680 (S.D.N.Y. April 25, 2022), U.S. District Court Judge Jed S. Rakoff for the Southern District of New York recently addressed this issue of first impression, concluding that a court is authorized, but not required, to consider de novo privilege objections to an arbitral subpoena. In Turner, Judge Rakoff declined to exercise that authority because, among other things, he concluded that “even a cursory review reveals that the arbitrator’s … decision to overrule CBS’s assertion of privilege over the … documents [at issue] was anything but arbitrary.”
‘Turner’
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
