Arbitrator May Not Subpoena Non-Party Solely For Documents, La. Federal Court Rules

NEW ORLEANS — The Federal Arbitration Act does not allow an arbitrator to issue a subpoena seeking only the production of documents by a non-party who is not summoned to testify as a witness in the arbitration, a Louisiana federal judge has ruled.

On July 29, Judge Kurt D. Engelhardt of the U.S. District Court for the Eastern District of Louisiana refused to enforce an arbitrator’s subpoena directing a non-party to produce documents in an employment dispute.

Roy Glover initiated arbitration proceedings against his former employers, Chicago Bridge & Iron Co. and Shaw Group Inc., seeking to recover certain termination …