The author is of counsel to Lucas, Prendergast, Albright, Gibson & Newman, of Columbus, Ohio, and has been practicing law for 58 years. He has served as an arbitrator for the American Arbitration Association and for the Federal Mediation and Conciliation Service since 1953.
Witness testimony and production of documents are integral elements of an arbitration hearing. Although many jurisdictions have enacted statutes regarding such procedures, there is still a great deal of uncertainty regarding the extent of power an arbitrator has to subpoena witnesses to appear and produce such documentation. And while federal and state statutes regarding these powers are similar in most areas, there are significant differences that must be noted. The author endeavors to clear up this uncertainty.
Arbitration, as a method of resolving disputes and controversies, has been used for centuries, long before the beginning of the English common law. Commercial arbitration grew up as a substitute for court action in the settlement of disputes within the business community. Since 1991, many statutory claims have