A party to an arbitration proceeding may be represented by a lawyer.

Uniform Comment

1. The Drafting Committee considered but rejected a proposal to add "or any other person" after "an attorney." A concern was expressed about incompetent and unscrupulous individuals, especially in securities arbitration, who hold themselves out as advocates.

2. This section is not intended to preclude, where authorized by law, representation in an arbitration proceeding by individuals who are not licensed to practice law either generally or in the jurisdiction in which the arbitration is held.

3. Section 4(b)(4) provides that a waiver of the right to be represented by an attorney under Section 16 prior to the initiation of an arbitration proceeding under Section 9 is ineffective, but an employer and a labor organization may waive the right to representation by an attorney in a labor arbitration.

§8717.__Witnesses; subpoenas; depositions; discovery

1.__Subpoenas.__An arbitrator may issue a subpoena for the attendance of a witness and for the production of records and other evidence at any hearing and may administer oaths.__A subpoena must be served in the manner for service of subpoenas in a civil action and, upon motion to the court by a party to the arbitration proceeding or the arbitrator, enforced in the manner for enforcement of subpoenas in a civil action.

2.__Depositions.__In order to make the proceedings fair, expeditious and cost effective, upon request of a party to or a witness in an arbitration proceeding, an arbitrator may permit a deposition of any witness to be taken for use as evidence at the hearing, including a witness who can not be subpoenaed for or is unable to attend a hearing.__The arbitrator shall determine the conditions under which the deposition is taken.

3.__Discovery.__An arbitrator may permit discovery the arbitrator decides is appropriate in the circumstances, taking into account the needs of the parties to the arbitration