By Steven G. MehtaSteve Mehta

If you look at the statistics on arbitration it is clear that this form of ADR has increased substantially over the years.  However, with that increase in usage, there has also been an increase in disputes surrounding the rules to be applied to arbitration.

A new report issued by the New York State Bar Association’s Dispute Resolution Section sets forth Precepts that will help arbitrators handle discovery in domestic commercial cases in a cost-effective and fair manner, consistent with the expectation of the parties who select the arbitration process.

The Dispute Resolution Section of the bar studied the use of arbitration in domestic commercial matters. The section performed research, conducted interviews with members of the arbitration bar and representatives of arbitration organizations, and reviewed work done by such organizations and other literature on the subject of arbitration discovery. Although the report includes issues relating to N.Y. law, the concepts and tools are very helpful for any arbitration process.

The report provides factors to take into consideration when creating a discovery plan in arbitration.  To read the full report, click here