Lowell Pearson owns the Pearson Law Office in Columbia, Mo., where he practices employment law and dispute resolution. He is also an adjunct professor and an L.L.M. student at the University of Missouri-Columbia School of Law.
This article analyzes the conflicting court interpretations of § 7 of the Federal Arbitration Act on the question of the arbitrator’s power to order third-party discovery. The author says the FAA should be interpreted to give arbitrators such power, a view he contends is both consistent with the Supreme Court’s interpretation of the FAA and essential to modern arbitration practice.
“The arbitrators selected either as prescribed in this title or otherwise, or a majority of them, may summon in writing any person to attend before them or any of them as a witness and in a proper case to bring with him or them any book, record, document or paper which may be deemed material as evidence in the case.”