When an agreement to arbitrate contains a clear and unmistakable “delegation” provision, gateway questions of arbitrability are for the arbitrator to decide. See, e.g., Kubala v. Supreme Prod. Servs., 830 F.3d 199, 201-02...more
As discussed in an earlier post, obtaining discovery from a non-party to an arbitration often is easier said than done. Depending on the law of the place of arbitration, arbitrators may not be able to compel document...more
Litigators in the U.S. often take for granted the ease with which they can obtain discovery from non-parties in our federal and state courts. One might assume that the “presumption in favor of arbitrability” embodied in the...more
10/3/2017
/ Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Discovery ,
Document Productions ,
Federal Arbitration Act ,
Motion to Compel ,
Non-Parties ,
Personal Jurisdiction ,
Rule 45 ,
Subpoenas