Pre-hearing discovery in arbitration: Beck’s Superior revisited

We recently looked at Beck’s Superior Hybrids v. Monsanto, an Indiana decision denying enforcement of an arbitrator’s subpoena on the grounds that the proper court in which to seek enforcement, under Section 7 of the FAA, was the court at the seat of the arbitration.  I thought it would be worth comparing the approach in Beck’s to the approach a party seeking evidence in an international arbitration could take to obtain evidence in advance of the hearing. (more…)

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