What is a discovery issue in arbitration?
A discovery issue in arbitration is a dispute between parties regarding the exchange of evidence, documents, or other relevant information that is necessary to resolve a dispute. In Delaware, the court will need to decide upon any discovery issues before it can review and decide upon the merits of the claim. For example, during an arbitration hearing, if a party believes the other party is withholding important information, they can submit a motion for the court to order the other party to produce the information. This motion is referred to as a discovery dispute. The court will then need to evaluate the evidence and decide whether the discovery dispute should be approved. In some cases, the court may decide that certain evidence should be submitted during the arbitration process. This could include documents like contracts, agreements, or emails. All parties may be required to submit any relevant evidence as part of the discovery process. Finally, the court may also decide upon any restrictions that should be put in place with regards to the discovery process. This could include limiting the number of documents to be exchanged, the length of time a party has to respond, or how long they have to review the documents. In Delaware, all discovery disputes are resolved in the same manner as other disputes – through arbitration. The arbitrator or panel of arbitrators will decide whether the requesting party is entitled to the requested information. This decision will then be used to determine the outcome of the arbitration process.
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