Is discovery allowed in arbitration?
Yes, discovery is allowed in arbitration in California. Discovery is a formal process of information gathering. It can include requests for documents, interrogatories, depositions, and requests for admissions. In California, arbitration proceedings are governed by the California Code of Civil Procedure (CCP). CCP Section 1282.6 states that parties may make discovery requests during arbitration proceedings. This means that parties can ask the other side to provide information related to their case, such as documents, testimony, or recorded statements. The arbitration process is designed to be faster and more efficient than a traditional lawsuit. However, it is not a shortcut. Parties may still be required to answer discovery requests, provide documents, and set aside time for depositions. The arbitration hearing itself must also be conducted properly in order to ensure a valid outcome. Under California law, the parties may decide to limit the scope of discovery in arbitration proceedings. They can agree to limit the number of witnesses or documents that each side needs to provide. If the parties cannot agree, then the arbitrator will decide how much discovery each side is allowed. Overall, discovery is allowed in arbitration proceedings in California. The parties and the arbitrator can agree on what discovery is necessary to establish the facts of the case. This helps to ensure that both sides are able to present their case completely and accurately.
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