Consumer Arbitration Agreements: 8.7.11 Excessive Limitations on Discovery
Arbitration agreements or the rules of an arbitration service provider may restrict the discovery available to the consumer, which raises the question whether such limits are unconscionable or prevent the effective vindication of federal statutory rights. Courts reach differing conclusions, in part based on the extent to which discovery is limited. A number of courts have struck down such limits as excessive,445 while other courts have not.446