Tuesday, December 06, 2005

Second Circuit Holds that Arbitrators May Compel Nonparties to Appear for Pre-Hearing Discovery

The Second Circuit has held that Section 7 of Federal Arbitration Act, which provides that arbitrators "may summon in writing any person to attend before them or any of them as a witness and in a proper case to bring with him or them any book, record, document, or paper which may be deemed material as evidence in the case," authorizes arbitrators to compel nonparties to testify and produce documents at hearings before arbitrators prior to trial-type hearing on merits.

BNA's U.S. Law Week (Volume 74 Number 21 Tuesday, December 6, 2005, p. 1323) provides a full summary and analysis of the case (BNA subscribers may click here).


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