Discovery by Design: Strategies for Efficient International Arbitration

The potential for prolonged, overly burdensome and expensive discovery in both domestic and international arbitration seated in the United States has been a major concern among commercial entities and their counsel for many years. International parties often ask why they should accept lesser evidentiary standards in an arbitration and give up the right to appeal if they will potentially spend as much money, time and resources as one would in court. Why, as foreign firms accustomed to litigation with little or no discovery, would they voluntarily submit to an arbitral tribunal seated in the United States that may include retired U.S. judges accustomed to ordering voluminous document production, expensive e-discovery and a multitude of depositions?

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New York Law Journal