Originally from Dispute Resolution Journal

SECURITIES-COMMODITIES-INJUNCTIONARBITRATOR AUTHORITY- SUBPOENAFEDERAL ARBITRATION ACT

The Federal Arbitration Act bars courts from imposing judicial control over arbitration proceedings. It also does not limit the power of arbitrators to subpoena witnesses merely for attendance at the arbitration hearing.

Richard Stanton and other investors filed an action against Paine Webber jackson & Curtis and other defendants, alleging violations of the Commodity Exchange Act and of Florida securities law and common law. Stanton sought an order enjoining Paine Webber from requesting that the arbitration panel issue subpoenas requiring the attendance of witnesses at a meeting other than the arbitration hearing. Arbitration, which was ordered pursuant to the Federal Arbitration Act (FAA), was stayed pending resolution of Stanton's action.

At the outset, the court noted that it could not find any support for Stanton's contention that the court could interfere with the procedures of the arbitration panelspecifically, "[n]othing in the [Federal Arbitration] Act contemplates interference by the court in an ongoing arbitration proceeding."