Civil Litigation,
California Courts of Appeal,
Alternative Dispute Resolution
Aug. 7, 2020
Arbitrators, without specific authority, can’t order third-party discovery
A recent appellate court ruling addresses an arbitrator’s authority to order third-party discovery.
Michael D. Marcus
Mediator
ADR Services, Inc.
Judge Marcus (Ret.) has a well-deserved reputation throughout California as a skilled, personable and forceful mediator and a fair and impartial arbitrator, having been honored by the Daily Journal as a "Top Neutral" for six years and as a "Southern California Super Lawyer" for 2008-2020. He has mediated over 3,000 matters and arbitrated more than 100 cases.
Aixtron, Inc. v. Veeco Instruments Inc., 2020 DJDAR 7407 (July 16, 2020), impacts arbitration discovery and interim appeals of arbitration orders, both intended and unintended: The intended, obvious aspects are its holdings that an arbitrator does not have the authority to order nonparty or third-party discovery under the California Arbitration Act and the Federal Arbitration Act, unless the ...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In