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Limitations on Arbitral Power to Issue Discovery Subpoenas to Non-Parties Under the FAA

  • February 19, 2021
  • Robert S. Amador , Amador Law Corporation

Every health care lawyer and professional knows that mandatory binding arbitration is ubiquitous in health care and that arbitration awards are routinely enforced in federal and state courts. Arbitrations are generally faster and less expensive than litigation in court and usually result in more moderate damage awards. Many practitioners specifically reference the Federal Arbitration Act (FAA) in their contractual arbitration clauses because it contains a strong presumption in favor of enforcing arbitral awards and sets forth the broad reach of federal jurisdiction and preemption.

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