Arbitration Evidence and Discovery in Arbitration

Question 1

Under the Federal Arbitration Act (FAA), what is the arbitrator's authority regarding document production?

Accepted Answer

Arbitrators may summon witnesses and compel production of documents under Section 7

Answer

Arbitrators have no authority to compel document production

Answer

Arbitrators must follow federal civil discovery rules exactly

Answer

Arbitrators can only request documents voluntarily submitted

Question 2

Which evidentiary standard do most US arbitrators apply when deciding what evidence to admit?

Accepted Answer

A relevance and materiality standard with broad discretion

Answer

Strict Federal Rules of Evidence

Answer

Only sworn affidavits are admissible

Answer

Only notarized documents are admissible

Question 3

What is the IBA Rules on the Taking of Evidence in International Arbitration primarily designed to do?

Accepted Answer

Provide a framework balancing civil law and common law evidentiary approaches

Answer

Replace domestic arbitration rules entirely

Answer

Mandate jury-style evidence presentation

Answer

Limit document production to witness statements only

Question 4

Which concept limits the scope of document production requests in arbitration to avoid 'fishing expeditions'?

Accepted Answer

Proportionality

Answer

Res judicata

Answer

Forum non conveniens

Answer

Collateral estoppel

Question 5

When a party withholds documents in arbitration on grounds of attorney-client privilege, what should the arbitrator do?

Accepted Answer

Request a privilege log and rule on the claim

Answer

Automatically admit all withheld documents

Answer

Dismiss the arbitration immediately

Answer

Refer the matter to a federal court for resolution

Question 6

What is 'Redfern Schedule' used for in international arbitration?

Accepted Answer

Organizing requests for document production and objections in a table format

Answer

Scheduling hearing dates

Answer

Recording witness examination transcripts

Answer

Filing arbitral awards with domestic courts