§ 171.051.Subpoenas

The subpoena power is what gives an arbitration reach over people who never agreed to anything.

The arbitrators may issue a subpoena, or an arbitrator may at their direction.

Two objects are covered: attendance of a witness, and production of books, records, documents or other evidence.

The subpoena is returnable in two places. A witness required to appear may appear at the hearing before the arbitrators or at a deposition.

Service follows court practice, in the manner provided by law for serving a subpoena issued in a district court civil action.

Enforcement follows court practice too. Each provision of law requiring a witness to appear, produce evidence and testify under a district court subpoena applies to a subpoena issued here.

That last subsection is the important one. An arbitrator has no contempt power, and this borrowing is what backs the subpoena with real consequences.

The power reaches non-parties. A person who never signed the arbitration agreement can be compelled to testify or produce documents.

Section 171.086(b)(3) supplies a court alternative. A party may ask the court to issue and serve a subpoena under court order rather than the arbitrators’ order.

The international chapter borrows this section, in Section 172.105, rather than writing its own.