State Bar's Dispute Resolution Section Issues New Report on Use of Discovery in Arbitration

State Bar's Dispute Resolution Section Issues New Report on Use of Discovery in 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 Report On Arbitration Discovery in Domestic Commercial Cases can be a significant tool particularly as the use of arbitration grows for large, complex commercial cases, as well as smaller cases.

"The Dispute Resolution Section's report is a particularly exciting development for the still growing field of alternative dispute resolution. I am deeply grateful for, and proud of, the work of the drafting committee - Carroll Neesemann, Sherman Kahn, and John Wilkinson - for creating what will be an essential guide to arbitrators in orchestrating discovery and making discovery determinations in domestic commercial arbitration," said Simeon H. Baum of New York (Resolve Mediation Services, Inc.), the first, and immediate past, chair of the Dispute Resolution Section.

"The State Bar has a longstanding tradition of responding to the critical issues that affect our profession. The approval of this report will go a long way toward helping arbitrators resolve future discovery disputes in a manner balancing the values of efficiency, responsiveness to party expectations, procedural due process, and fairness. The result should greatly benefit practitioners, parties, and administrators - in short all users of the arbitration process," he concluded.

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Source: readmedia.com