John L. Gardiner, Lea Haber Kuck, Julie BédardFrom: International Commercial Arbitration in New York (2nd Edition)
Edited By: James H. Carter, John Fellas
This chapter considers the laws and practices pertaining to discovery. Discovery refers both to the process whereby the parties exchange information among themselves and also seek information from third parties in order to assess the merits of their respective cases, prepare for an evidentiary hearing on the merits of their dispute, and make necessary submissions to the arbitration tribunal. When the arbitration is venued in New York, the first issue for consideration is what the arbitration agreement itself provides, if anything, about the scope of permissible discovery. This is because both federal and New York law place party autonomy at the top of the pyramid of considerations when looking at the applicable procedure for an arbitration, including discovery issues. Arbitration rules and statutory provisions also are relevant.