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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