In re Application of Atmel Corporation to Compel Compliance with Subpoena Ad Testificandum and Duces Tecum Issued in Connection With an Arbitration Proceeding Before the Arbitration Tribunals of the American Arbitration Association, International Centre for Dispute Resolution, Entitled: Atmel Corporation, Claimant, -against- LM Ericsson Telefon, AB, Respondent. AAA International Center for Dispute Resolution Case No. 50 S 133 00574 03, 371 F. Supp. 2d 402

Summary

The company argued that since the telecommunications company was not listed by any party as a witness for the hearing, enforcing the subpoena would only require it to appear for testimony once. That argument was specious. At the present time, the court could not know or guarantee what would happen at the arbitration hearing. Presumably, the company sought the deposition because of the likelihood that the telecommunications company's testimony would produce relevant information. If the deposition was successful, the chance that the telecommunications company would be called as a witness clearly increased. Unlike the arbitrator's power to compel document production before the hearing, which could be seen as merely an efficiency-increasing regulation of the timing of production, an implied power incident to the power to compel the production of documents for use at the hearing, the power to compel deposition testimony could not be so implied. The company's argument that the ...