Navigating Arbitral Subpoenas In A Post-COVID Landscape 1 Navigating Arbitral Subpoenas In A Post-COVID Landscape

Navigating Arbitral Subpoenas In A Post-COVID Landscape

By Emily Kirsch and Craig Tarasoff (August 1, 2022, 5:48 PM EDT) — As a result of the COVID-19 pandemic, attorneys, judges and clients alike have had to adapt to changes in how our legal system works, and sometimes, how it does not work. One such area with far-reaching implications is arbitral subpoenas, which was overdue for a reevaluation.

While the statutory authority behind arbitral subpoenas is seemingly apparent and well-settled, their enforcement during the pandemic illustrated how uncertain the legal landscape in this area truly is. Ahead of any arbitration proceeding, it is critical for lawyers to understand the current state of the law, how best to navigate it, and what needs to change…