Topic: Evidence

Section 7 of the FAA: Compelling Evidence from the Recalcitrant Non-party Witness

Section 7 of the Federal Arbitration Act (“FAA”) grants arbitrators the authority to ‎‎“summon in writing any person to attend before 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.”‎1 It is generally accepted that § 7 does not empower an arbitrator to issue ‎pre-hearing discovery summonses seeking to compel the depositions of non-parties or to compel ‎pre-hearing document discovery.‎

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Foreign Arbitrations and the Use of Section 44(2)(a) of the Arbitration Act 1996

A previous QuickStudy explored the deep divide among the U.S. courts regarding whether 28 USC §1782’s use of “foreign tribunal” encompasses private commercial arbitration tribunals.1 The Sixth and Fourth Circuits of the United States Courts of Appeals take an expansive view of the definition.

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