{'fraction_non_alphanumeric': 0.018947368421052633, 'fraction_numerical': 0.0, 'mean_word_length': 5.3156146179401995, 'pattern_counts': {'":': 0, '<': 0, '<?xml version=': 0, '>': 0, 'https://': 0, 'lorem ipsum': 0, 'www.': 0, 'xml': 0}, 'pii_count': 0, 'substrings_counts': 0, 'word_list_counts': {'cursed_substrings.json': 0, 'profanity_word_list.json': 0, 'sexual_word_list.json': 0, 'zh_pornsignals.json': 0}}
Discovery in Arbitration

This article is designed to aid the practitioner in understanding the availability of discovery in arbitration. Few practicing attorneys understand the scope and or limitations on the availability of discovery in advance of or in aid of arbitration, leading many lawyers to fear arbitration as a form of litigation without adequate discovery. By clarifying the availability of discovery, attorneys and their clients will be informed of the choices they may make to avail themselves of arbitration or proceed with traditional litigation. There are a number of benefits to arbitration. Although cost and speed are certainly among them, perhaps the greatest benefit, not as greatly appreciated by the client, is that the results of arbitration are almost always final. This means that a client can quickly put disputes behind it. Attorneys, however, often fear the finality of the arbitrators’ decision, particularly if it means that all relevant evidence is not considered. Understanding what discovery is available may alleviate such fears and enable attorneys to use the unique characteristics of arbitration to the advantage of their clients. One of the primary ways in which arbitration is less costly, both in terms of time and money, is that it normally has less extensive discovery than traditional litigation. However, arbitration under virtually all institutional arbitration rules, permits enough discovery for parties to ensure a just result from the arbitrator. This article will discuss discovery in arbitration proceedings. Part I will discuss discovery in advance of arbitration under the commercial rules of the American Arbitration Association (“AAA”). Part II will discuss discovery under the Federal Arbitration Act (“FAA”). Finally, Part III will discuss the limited situations in which courts may become involved with the discovery process in arbitration.