A New Discovery Tool in Arbitration

April 14, 2020  |  The Insider: White Collar Defense and Securities Enforcement

Arbitration has advantages in many disputes. It is typically less formal, less expensive and less time-consuming than litigation in court. But arbitration also has limitations, including generally fewer opportunities for discovery from the opposing party and third-parties. A recent ruling of England’s highest court changes this landscape in a discrete, but noteworthy, way -- holding that judicial process may be invoked to order third-parties in England to give evidence in support of a New York arbitration. [...]

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