Can discovery be conducted in an arbitration process?

Yes, discovery can be conducted in an arbitration process in Arizona. Discovery is the process of gathering information and evidence in a legal dispute before a trial. During arbitration, discovery can be used to identify and exchange evidence with the other party to help arbitrators to make a decision. In Arizona, discovery in arbitration proceedings is governed by the Arizona Rules of Civil Procedure (“ARCP”) and the Arizona Arbitration Act (“AAA”). Under the ARCP, parties to an arbitration can use the same discovery processes that they would use in a civil lawsuit. This includes taking depositions, serving requests for document production and interrogatories, and getting information from third parties. The ARCP also allows for a discovery conference, wherein the parties can discuss and agree on the scope of the discovery. Under the AAA, parties to an arbitration are allowed to ascertain evidence by inspection, examination, cross-examination, and deposition of witnesses, as well as through documentary evidence. The AAA also allows the parties to request the arbitrator to issue subpoenas for the purpose of gathering evidence. In summary, discovery can be conducted in an arbitration process in Arizona. The ARCP and the AAA provide the parties with the ability to use all the discovery processes available in civil litigation and also allow the parties to request the arbitrator to issue subpoenas to gather evidence.

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Can discovery be conducted in an arbitration process?

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