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Alternative Dispute Resolution,
Civil Litigation,
Law Practice

Jun. 18, 2021

Third-party discovery in arbitration: Be careful what you ask for

The repercussions of Aixtron, Inc. v. Vecco Instruments, Inc., which limited the authority of arbitrators to issue discovery subpoenas, have taken shape over the past year.

Amy Semmel

Amy is an arbitrator, mediator and discovery referee for employment and commercial litigation matters. She is available through the AAA and privately. She wishes to thank Arbitrator Dana Welch for sharing her practical insights.

See more...

The repercussions of Aixtron, Inc. v. Vecco Instruments, Inc., 52 Cal. App. 5th 360 (2020), which limited the authority of arbitrators to issue discovery subpoenas, have taken shape over the past year.

In Aixtron, Vecco Instruments sued a former employee for breach of a confidentiality agr...

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Related Content

Arbitration

Aixtron, Inc. v. Veeco Instruments Inc.

Arbitrator's pre-hearing discovery subpoena for non-party's business records and computers was not authorized under Federal Arbitration Act, California Arbitration Act or JAMS Rules.

Arbitration

Vividus LLC v. Express Scripts Inc.

The Federal Arbitration Act does not grant arbitrators the power to compel third parties to produce documents prior to an arbitration hearing.

Civil Procedure

Berglund v. Arthroscopic & Laser Surgery Center

Parties who have not consented to arbitration are entitled to full judicial review of adverse discovery orders made by arbitrators.

Contracts

AT&T Mobility LLC v. Concepcion

State law prohibiting arbitration of particular claim outright is preempted by Federal Arbitration Act.

Employment Law

Armendariz v. Foundation Health Psychcare Services Inc.

Employees may be compelled to arbitrate antidiscrimination claims if arbitration vindicates worker's statutory rights by meeting certain requirements.

Civil Procedure

Little v. Auto Stiegler Inc.

Minimum requirements for arbitration of unwaivable statutory claims apply also to claim that employee was terminated in violation of public policy.

Arbitration

Davis v. Kozak

Trial court properly denied defendants motion to compel arbitration because the arbitration agreement was both procedurally and substantively unconscionable.

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Maldonado v. Superior Court (ICG Telecom Group Inc.)

Trial court should have granted parties' motion to compel further responses to discovery request when company's previous responses were inadequate.



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