PRETRIAL ADJUDICATION
...Contract Arbitration
......Conduct of Arbitration; Discovery
6 Cards On This Topic:
  • The Federal Arbitration Act does not allow arbitrators to compel the production of documents from third parties outside of a hearing.
  • Discovery dispute involving nonparty to arbitration must be submitted first to arbitral forum but nonparty entitled to full judicial review of arbitrator’s discovery order.
  • As arbitrator determines what issues are arbitrable, per JAMS rules, Court of Appeal deferred to A's determination that the issue of joint and several liability was arbitrable; suit against A barred by arbitral immunity.
  • Although an appraisal hrg is an arbitration and an appraiser is immune from suit over his role as appraiser, litigation privilege does not protect an expert from negligence suit over his role as an expert hired by Ps.
  • Trial court lacked subject matter jurisdiction to review arbitrator's discretionary, prehearing stay order.
  • Whether to allow P to amend claims in pending arbitration to include new allegations was for arbitrators, not court, to decide.