Originally from Dispute Resolution Journal

U.S. case law recognizes that although federal rules governing discovery and admission of evidence are firmly entrenched in litigation, they have little if any place in the arbitral process. The courts have continuously rejected attempts to invoke court rules into arbitration proceedings, stating that this would be contrary to its fundamental goals of providing a speedy, flexible, and less-expensive means of resolving disputes. Furthermore, once an award has been rendered, the courts are reluctant to second-guess the arbitrators on discovery and evidentiary matters.

Parties wishing to have recourse to formal discovery and rules of evidence in arbitration are advised to make specific provision for this in their contract or arbitration agreement. Otherwise, courts will not generally support a subsequent attempt to inject them into the arbi tration process.