About the Author
Philip D. Robben
Philip Robben is a partner in Kelley Drye’s New York office and co-chair of the firm’s international arbitration practice. He has extensive experience with international dispute resolution and is very familiar with disputes involving bilateral investment treaties (BITs). A substantial part of his practice involves representing foreign companies that do business in the United States. Mr. Robben can be contacted at email@example.com.
First, should parties include limitations on discovery in their agreement to arbitrate? Second, in the alternative, are there times when a party should affirmatively stake out a right to discovery in the arbitration clause?
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