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No Third Party Discovery In Arbitration - 2nd Cir.

By Mark H. Astarita, Esq.

Every so often in arbitrations the issue arises when a party wants to subpoena a non-party for documents, and they want to do it before the hearing. In other words, they want to obtain discovery from a non-party to the arbitration.The problem is, you cannot do it under the Federal Arbitration Act, although judging from the arguments that go on during some arbitrations about it, you would never know that there really was an answer to the question.Oversimplifying the issue - there are only two types of subpoenas - deposition and trial. Attorneys and arbitrators obtain their authority to issue subpoenas (if at all) from the statutes that govern the proceeding they are in. If you are doing a trial in New York State court, the statute that governs the issuance of subpoenas is the New York Civil Practice Law and Rules...continue to full post

Full post as published by SECLaw.com on November 30, 2008 (boomark / email).