Judicial Review of an Arbitrator’s Privilege Rulings

June 23, 2022  |  New York Law Journal

When parties agree to arbitrate their disputes, they consent to have an arbitrator, rather than a court, resolve disputes about whether documents are discoverable, including whether the documents are privileged. In our latest article for the New York Law Journal, “Judicial Review of an Arbitrator’s Privilege Rulings,” we discuss Southern District Judge Jed Rakoff’s ruling in Turner v. CBS Broadcasting Inc., holding that a court is authorized, but not required, to consider de novo privilege objections to an arbitral subpoena.

Judicial Review of an Arbitrator’s Privilege Rulings (pdf | 205.14 KB)