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Litigation glossary
Legal structure

Discovery in Arbitration

The generally narrower, tribunal-controlled process for exchanging documents and information in arbitration, compared to the broader party-driven discovery available in US court litigation.

Arbitration discovery is typically far narrower than US court discovery: there is no automatic right to depositions, interrogatories, or broad document requests. The tribunal controls scope, often applying guidelines like the IBA Rules on the Taking of Evidence in International Arbitration, which generally favor narrower, targeted document production — frequently organized through a Redfern Schedule listing each disputed request — over sweeping US-style discovery.

Arbitrators also have limited compulsory power over non-parties. Parties often need to seek assistance from a national court, such as under FAA Section 7's subpoena mechanisms — whose reach to non-parties is itself subject to a circuit split — to obtain evidence from someone who isn't bound by the arbitration agreement.

Juricratic treats narrower discovery as a real cost-and-time dial that favors arbitration in a pre-dispute forum-selection comparison, but it also lowers expected evidentiary depth, which should discount the confidence assigned to evidence-based dials feeding the underlying case model.

In litigation

How it actually shows up

Parties choosing arbitration for its narrower, faster discovery weigh that benefit against a reduced ability to obtain broad third-party or opponent document production compared to what would be available in ordinary litigation.

Questions
Is discovery available in arbitration?
Yes, but it is generally narrower and more tribunal-controlled than US court discovery, without an automatic right to broad depositions or document requests.
Can an arbitrator compel discovery from a non-party?
Compulsory power over non-parties is limited, and parties often need to seek assistance from a national court, subject to jurisdiction-specific limits on that court's subpoena power.
What is a Redfern Schedule?
It is a commonly used document in international arbitration that organizes each party's disputed document requests, objections, and the tribunal's rulings in one structured table.

This page is an educational explainer, not legal advice, and creates no attorney–client relationship. Juricratic is a simulation engine: every probability-like figure is a dial you set, not a calibrated prediction. Verify every rule, deadline, and figure against the authorities and orders that govern your matter.

Turn the concept into a modeled matter.

Juricratic makes every one of these ideas a live dial: model your case as a solvable game, then watch the optimal line and the settlement window move as the assumptions do.

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simulation, not prediction — not legal advice