Less of it, by design, and how to get what is needed.
Esshaki Legal Media TeamCurrent as of January 2022
Arbitration limits discovery, which is a principal reason parties choose it and
a principal complaint once a dispute arises.
Provider rules typically provide for exchange of documents on which the
parties rely, and for reasonable requests for documents relevant and material to
the outcome. Broad requests modelled on court practice are refused.
Depositions are not provided as of right in most commercial rules, and
tribunals allow them sparingly — commonly none, or one or two per side in larger
matters.
Third parties. Arbitrators may issue subpoenas for testimony and documents
at a hearing. Whether they may compel pre-hearing document production from a
non-party divides the circuits, and the workaround is to convene a preliminary
hearing at which the documents are produced.
Electronic discovery. Rules and guidance direct tribunals to limit it, and to
require the requesting party to justify the burden.
Agreeing more. Parties may provide for expanded discovery in the arbitration
clause or by agreement at the outset, which is worth considering where the facts
sit with one side.
Practical guidance. Front-load the document requests, make them specific and
justified by relevance to a defined issue, and raise disputes at the preliminary
conference rather than months later.