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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