A Model Federal Arbitration Summons to Testify and Present Documentary Evidence at an Arbitration Hearing - ARIA - Vol. 26, No. 2
Author(s):
Report of the International Commercial Disputes Committee and the Arbitration Committee of the Association of the Bar of the City of New York
Page Count:
30 pages
Media Description:
1 PDF Download
Published:
October, 2015
Description:
This journal article is available for free! Add the article to your cart and create an account at check-out. No credit card information is required at check-out. Once you have created your account, log in to download the file. For questions, please contact info@arbitrationlaw.com.
Originally from American Review of International Arbitration - ARIA
Preview Page
INTRODUCTION
This annotated model federal arbitration witness summons (so titled because
the Federal Arbitration Act (“FAA”) uses the term “summon” rather than
“subpoena” in Section 7) brings together in one resource guidance on law and
practice in regard to the issuance by arbitrators of compulsory process for
evidence to be obtained from non-party witnesses.1 A major impetus for this
project was the amendment of Rule 45 of the Federal Rules of Civil Procedure in
December 2013, which in relevant part provided for nationwide service of a
federal judicial subpoena. By implication, a federal arbitral witness summons,
which per FAA Section 7 is to be served in the same manner as a federal judicial
subpoena, now may be served nationwide. The consequences are likely to be (i)
more extensive proposed and actual use of arbitral subpoenas than was the case
when an arbitrator could compel attendance only of a witness found within 100
miles of the place of arbitration, and (ii) a greater frequency of litigation
concerning the witness’s duty of compliance.
The structure of this document, as the Table of Contents indicates, is to
provide a Model Summons and a series of annotations that discuss applicable law
and/or issues of practice and policy. The annotations are keyed to aspects of the
Model Summons by footnotes (or hyperlinks) in the Model Summons, so the
reader can readily refer to the analysis that underlies the various components of
the Model Summons.
the Model Summons.