Is discovery allowed in arbitration?

Yes, discovery is allowed in arbitration in Texas. Discovery is the process of gathering evidence and information from the other party for use in the arbitration process. Discovery includes written requests for documents, written interrogatories, and depositions of witnesses and experts. In Texas, the parties may agree to use discovery by including a provision in the arbitration agreement itself. Additionally, the Texas General Arbitration Act allows the parties to use a range of discovery tools, including depositions, written interrogatories, requests for documents, and requests for admissions. However, the parties must agree to use these discovery tools, and if they do not, then the arbitrator may limit the parties’ ability to use discovery. The parties may also agree to use additional discovery tools, like depositions, expert interrogatories, and production of documents. However, if the parties do not agree to use these tools, then the parties may not use them in the arbitration process. Ultimately, the use of discovery in arbitration in Texas is controlled by the agreement of the parties. If the parties agree to use discovery, then the arbitrator may allow the parties to make use of certain discovery tools. If the parties do not agree to use discovery, then the arbitrator may limit the parties’ ability to make use of those tools.

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