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The Pre-Hearing “Subpoena Powers” Of The Modern-Day Arbitrator, Benjamin P. Deninger

Benjamin P Deninger

In domestic arbitration it is generally accepted that arbitrators have the power to compel the parties' participation in discovery matters such as document production or depositions. However, currently there is a lack of consensus among practitioners and Courts alike over the power of an arbitrator to compel a third party non-signatory to comply with discovery requests. My article examines this controversy under the FAA and recent cases that form the two sides of the argument; I analyze the earlier cases (circa 1990’s) as well as the most recent. The article also endeavors to be of significant practical use and recommends …