Thorny Issues Raised by Third-Party Discovery in Arbitration

April 20, 2021  |  New York Law Journal

Third-party discovery can raise thorny legal issues in arbitration, particularly where the third parties and the arbitrator are located in different jurisdictions. In this article, we analyze Judge Jed S. Rakoff’s recent decision in Broumand v. Joseph, a subpoena enforcement proceeding where out-of-state third parties successfully resisted arbitral subpoenas. Broumand flags key issues for practitioners seeking third-party discovery in arbitration.

Thorny Issues Raised by Third-Party Discovery in Arbitration (pdf | 193.73 KB)