Originally from Navigating Maritime Arbitration: The Experts Speak

Preview

Discovery in US maritime arbitration balances the need for information in others’ hands with the principles of economy and speed that characterize arbitration. Thus, discovery is in proportion to the scope of the proceedings, amount at issue, and relative burdens to the parties, informed by commercial sense rather than legal rules. Arbitrators use several means of achieving this balance, including cost-shifting and requiring a demonstration of need when it is not apparent that the information sought is material. Recognizing that parties agree to arbitration in order to avoid the time and cost of going through litigation-style discovery, courts do not second-guess arbitrators’ decisions.  Most parties and counsel who participate in US maritime arbitrations understand this balance. As a result, discovery disputes are rare, but when they have occurred, maritime arbitrators have resolved them in a manner that weighs the relevance of the information being sought and its importance to reaching a fair resolution against the burdens of its production.