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Alternative Dispute Resolution

Apr. 8, 2000

Fact Hunting

SPECIAL ISSUE: ADR By Jeffrey A. Rich Contractual dispute resolution provisions may not adequately contemplate the need for pre-hearing discovery in connection with complex business disputes. Unless the parties agree otherwise, there is no discovery in a nonpersonal injury contractual arbitration proceeding. Even if the arbitration is governed by the American Arbitration Association Commercial Arbitration Rules, without further agreement, discovery is extremely limited.

By Jeffrey A. Rich
         Contractual dispute resolution provisions may not adequately contemplate the need for pre-hearing discovery in connection with complex business disputes. Unless the parties agree otherwise, there is no discovery in a nonpersonal injury contractual arbitration proceeding. Even if the arbitration is governed by the American Arbitration Association Commercial Arb...

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