Jenner & Block

“Strategies For Controlling Discovery Costs in Commercial Arbitration,” Commercial & Business Litigation, American Bar Association

In this article, Jenner & Block Partner Michael A. Doornweerd and Associate Andrew F. Merrick discuss how the cost and delay now associated with discovery in a typical commercial arbitration is threatening arbitration as an effective alternative to litigation.  The authors go on to discuss different steps taken by the arbitral authorities and also steps that counsel should take to control the costs of discovery in arbitration.  The authors conclude that, “The trend toward uncontrolled discovery costs in commercial arbitration is serious, arbitral authorities are aware of the problem, and the leading organizations are taking proactive measures to address the issue. In-house and outside counsel can also contribute to ensuring arbitration remains an attractive alternative to costly and protracted litigation by proactively implementing strategies to limit discovery in arbitration proceedings.”