Are there any restrictions on pre-arbitration discovery requests in securities arbitration?
In Kansas, securities arbitration is governed by the Kansas Uniform Arbitration Act. Generally, the parties in a securities arbitration are entitled to reasonable discovery prior to the arbitration. However, there are some restrictions on the type and amount of pre-arbitration discovery that can be undertaken. Under Kansas law, pre-arbitration discovery requests must be reasonable and must not be overly burdensome to the parties involved. Additionally, the parties must make an effort to resolve disputes without litigation or arbitration prior to any discovery requests. The parties must make their requests in good faith and without unnecessary cost or delay. Kansas also requires a certain amount of disclosure from the parties. This includes both factual information and legal arguments that the parties plan to make at the arbitration. It also requires disclosure of any documents or other materials related to the dispute that would be relevant during the arbitration. Ultimately, the specific restrictions on pre-arbitration discovery in securities arbitration will depend on the individual case. It is important to consult with a qualified attorney who is knowledgeable in arbitration law when considering any pre-arbitration discovery requests.
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