Introduction

A question often asked by parties in arbitration is, how do I get the information and documents necessary to prove my case? Although documentary discovery typically is permitted in arbitration, there are times when the arbitral process simply does not allow a party access to critical evidence. This is particularly true when discovery is required from third parties, a party to the arbitration refuses to produce documents, or where discovery is needed prior to initiating arbitration in order to allow the claimant to identify the proper parties. It also frequently is true where depositions ...