Robert A. Merring recently published an article in “The Resolver,” the official publication of the Alternative Dispute Resolution Section of the Federal Bar Association.


In the Winter 2017 issue of The Resolver, Part I of this article explored the traditional antipathy of courts and arbitrators toward the use of discovery in arbitrations and how that position has been modified in recent years. This second and final part will: (1) examine the increasingly important role that preliminary hearings and the mandatory prehearing exchange of information have come to play in arbitration proceedings; (2) describe what the parties to an arbitration agreement can do to ensure that they have provided for a level of discovery adequate to meet their needs: and (3) address some of the special issues that arise in international arbitrations.

Read this article: Article in Federal Bar Association newsletter – Out of the Thicket: Discovery In Arbitrations (Part II)