Arbitration Evidence and Discovery in Arbitration 1

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

FAA Section 7 authorizes arbitrators to summon witnesses and compel the production of documents material to the dispute.

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

US arbitrators typically apply a relevance and materiality standard, exercising broad discretion rather than strictly following the Federal Rules of Evidence.

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

The IBA Evidence Rules bridge civil law and common law traditions, offering a practical framework for international arbitral evidence-taking.

Question 4

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

Accepted Answer

Proportionality

Answer

Proportionality requires that document requests be balanced against their relevance, importance, and the burden of production.

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

The arbitrator should require the withholding party to produce a privilege log describing the documents and rule on the privilege assertion.

Arbitration - Arbitration and Dispute Resolution Certification Practice Test

Arbitration - Arbitration and Dispute Resolution Certification Practice Test

Arbitration Evidence and Discovery in Arbitration 1