Is One Deposition Enough? - Limitations on Discovery in Arbitration Clauses

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In the recent case of Dotson v. Amgen, Inc. the court of appeal was presented with the issue of whether an arbitration clause that limited each side to taking one deposition, absent permission from the arbitrator, made the arbitration clause unconscionable and therefore unenforceable. The court ruled that it did not. While this simple question and answer is an adequate summary of the holding of the case, a full reading of the case presents more general questions about the role of discovery in arbitration, and about a court’s role in rewriting a provision of an arbitration clause that it deems improper.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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