Jottings By An Employer's Lawyer |
Tuesday, March 16, 2004
Arbitrator Has No Power To Compel Pre-Hearing Production of Documents By 3rd Party
Under section 7 of the Federal Arbitration Act, arbitrators have the power to compel a third-party witness to appear with documents before a single arbitrator, who can then adjourn the proceedings. This gives the arbitration panel the effective ability to require delivery of documents from a third-party in advance, notwithstanding the limitations of section 7 of the FAA. In many instances, of course, the inconvenience of making such a personal appearance may well prompt the witness to deliver the documents and waive presence.Any guess what the next step will be? Labels: arbitration
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