Vividus, LLC v. Express Scripts, Inc., No. 16-16187 (9th Cir. 2017)
Annotate this CaseThe Federal Arbitration Act, 9 U.S.C. 7, does not grant arbitrators the power to compel the production of documents from third parties outside of a hearing. In this case, the Ninth Circuit affirmed the district court's denial of a petition to enforce a subpoena issued prehearing by an arbitration panel against a company that was not a party to the arbitration.
Court Description: Arbitration / Discovery The panel affirmed the district court’s denial of a petition pursuant to 9 U.S.C. § 7 to enforce a subpoena issued pre- hearing by an arbitration panel against a company that was not a party to the arbitration. Agreeing with the Second, Third, and Fourth Circuits, and disagreeing with the Eighth Circuit, the panel held that the Federal Arbitration Act does not grant arbitrators the power to compel the production of documents from third parties outside of a hearing.
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