Publications
Stolt-Nielsen SA: Prehearing Subpoenas on Third Parties Upheld by Arbitrators
One of the biggest complaints about arbitration is the potential for trial by ambush because discovery is often more limited in arbitration that in ordinary civil litigation. Under the American Arbitration Association’s Commercial Arbitration Rules, for example, there is no express right to take discovery depositions before arbitration hearings commence. In a similar vein, because arbitral rules regarding prehearing discovery are only binding on the actual parties to the arbitration, it is often difficult to obtain evidence in advance of a hearing from third persons or entities who are not parties to the arbitral proceedings.
