La. Rev. Stat. § 9:4206

A. When more than one arbitrator is agreed to, all the arbitrators shall sit at the hearing of the case unless, by consent in writing, all parties agree to proceed with the hearing with a less number. The arbitrators, selected either as prescribed in this Chapter or otherwise, or a majority of them, may, at the request of a party or independently, summon in writing any person to attend before them or any of them as a witness and in a proper case to bring with him or them any book, record, document, or paper which may be deemed material as evidence in the case. The fees for attendance shall be the same as the fees of witnesses in courts of general jurisdiction.

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§4206. Witnesses; summoning; compelling attendance; evidence

A. When more than one arbitrator is agreed to, all the arbitrators shall sit at the hearing of the case unless, by consent in writing, all parties agree to proceed with the hearing with a less number. The arbitrators, selected either as prescribed in this Chapter or otherwise, or a majority of them, may, at the request of a party or independently, summon in writing any person to attend before them or any of them as a witness and in a proper case to bring with him or them any book, record, document, or paper which may be deemed material as evidence in the case. The fees for attendance shall be the same as the fees of witnesses in courts of general jurisdiction.

B. The summons shall issue in the name of the arbitrator or arbitrators, or a majority of them, and shall be signed by the arbitrator, arbitrators, or a majority of them, and shall be directed to the person and shall be served in the same manner as subpoenas to appear and testify before the court. If any person or persons summoned to testify refuses or neglects to obey the summons, upon petition, the court in and for the parish in which the arbitrators are sitting may compel the attendance or punish the person or persons for contempt in the same manner provided by law for securing the attendance of witnesses or their punishment for neglect or refusal to attend in the courts of this state.

C.(1) The parties to the arbitration may offer evidence as is relevant and material to the dispute and shall produce evidence as the arbitrator may deem necessary to an understanding and determination of the dispute. Strict conformity to the Code of Evidence shall not be required, except for laws pertaining to testimonial privileges.

(2) The arbitrator shall determine the admissibility, relevance, and materiality of the evidence offered, including the admissibility of expert evidence, and may exclude evidence deemed by the arbitrator to be cumulative or irrelevant.

Acts 2010, No. 545, §1.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2008–2021 · leading case: Mack Energy Co. v. Expert Oil and Gas, L.L.C.

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Mack Energy Co. v. Expert Oil and Gas, L.L.C. (2015) la · cites it 7× “R.S. 9:4206, and place the dispute within the scope of discovery and the requirement for a final exhibit list.”

Webb v. Massiha (2008) lactapp “R.S. 9:4206, the panel may order the appearance of witnesses, and have the parties submit documents for its review.”

Stemcor USA, Inc. v. America Metals Trading, LLP (2016) laed “at § 9:4206 (authorizing arbitrators to summon witnesses and permitting courts to enforce summonses with orders of contempt); id.”

Rachel Kimball and Tanya Silvernagel v. Laura Kamenitz, Eliot Kamenitz, Nola Cat, LLC, A/K/A Nola Cat Properties, LLC, S (2021) lactapp “R.S. 9:4206, La. R.S. 9:4207). Once arbitration is completed, the trial court has jurisdiction to confirm, modify or vacate the award.”

— La. Rev. Stat. § 9:4206(C)(1) — 1 case

Mack Energy Co. v. Expert Oil and Gas, L.L.C. (2015) la “R.S. 9:4206, and place the dispute within the scope of discovery and the requirement for a final exhibit list.”

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