Ninth Circuit Addresses Circuit Split Regarding Arbitral Discovery
Imre Szalai, Outsourcing Justice
The Ninth Circuit recently discussed a circuit split in the context of subpoena powers and discovery under the FAA in the case of CVS Health Corporation v. Vividus, LLC, No. 16-16187 (9th Cir. Dec. 21, 2017) (click here for a copy of the decision).
Section 7 of the FAA generally grants arbitrators the authority to subpoena witnesses for a hearing, including the bringing of relevant documents to the hearing, and if a witness refuses to honor the subpoena, a district court has authority to enforce...Continue reading...