“The Ninth Circuit Refuses to Pinion the Wings of Arbitral Subpoenas”

William Russell of Reed Smith has authored this article, available at Lexology, discussing the Ninth Circuit’s recent decision in Jones Day v. Orrick, Herrington & Sutcliffe, LLP. The panel reversed a lower court determination which had interpreted a venue statute restrictively to limit a court’s ability to compel witness attendance pursuant to an arbitrator’s subpoena. As summarized by Mr. Russell:

“In 2021, the Northern District of California attempted to pinion the wings of arbitral subpoenas by declaring that they were only enforceable in the district in which the arbitration was seated. The Ninth Circuit reversed and allowed arbitral subpoenas to fly again across the full expanse of the federal general venue statute.”

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s