Speaker, Bloomberg Next Webinar, "Discovery Challenges in Arbitration"


May 9, 2018 | 1:00 PM EST

Featuring: Robert C. Brady

Dispute resolution methods such as arbitration are often attractive alternatives to the time and expense involved in litigation. Sometimes the contract governing the relationship between or among different parties mandates arbitration. As in traditional litigation, discovery—especially e-discovery—can present challenges and pitfalls.

Join Bloomberg Law and Epiq as we explore these questions:

What does U.S. statutory and case law provide regarding access to and timing of discovery, whether from parties or nonparties? Parties to disputes want the same broad discovery found in traditional litigation, but broad discovery is not generally available as a matter of right in arbitration, nor is federal law always clear on what is permitted. Federal courts have charted varying paths, leading to a split in opinion when it comes to matters such as determining the power of arbitrators to compel pre-hearing discovery from non-parties.

What rules, structures, and guidelines exist regarding the timing of discovery? The Commercial Arbitration Rules of the American Arbitration Association and the JAMS Comprehensive Arbitration Rules cover discovery generally and ESI specifically. Attorneys participating in arbitration should understand these rules and how they compare with and differ from discovery rules in federal litigation.

Why does it matter? Arbitration should be more efficient and less costly than traditional litigation. How arbitrators and parties plan for and implement discovery procedures, especially e-discovery, affects the extent to which arbitration does avoid the temporal and financial burdens of traditional litigation.

Educational Objectives:

    • Understand current law, rules, and guidance regarding the availability of discovery in arbitration
    • Learn how discovery in arbitration, including e-discovery, resembles and differs from discovery in traditional litigation
  • Gain insight into how to plan for arbitration discovery through the applicable contract, at the start of arbitration proceedings, and over the course of the hearing