How Proportionality in Discovery is Handled in Arbitration

How Proportionality in Discovery is Handled in Arbitration, as published by Law360 on October 23, 2017; posted with permission under license. by Richard T. Seymour, Washington, D.C. There has been a great deal of discussion of the effects of the increased prominence of proportionality in Federal-court litigation since the December 2015 changes to Civil Rule 26.  See, for example, “A Plaintiff’s Guide To Discovery Proportionality: Part 1” by Max Kennerly, and “Discovery Proportionality: A Defense View” by Alan Hoffman.  There has been relatively little discussion of how the issue of proportionality in discovery is handled in arbitration, and some comments…

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