Balfour, Guthrie & Co. v. Commercial Metals Co – Case Brief Summary (Washington)

In Balfour, Guthrie & Co. v. Commercial Metals Co., 93 Wn.2d 199, 607 P.2d 856 (1980) the Court held, "Once arbitration proceedings are validly invoked the arbitrators are the ones who should determine the nature and scope of the whole gamut of discovery." Balfour, 93 Wn.2d at 203.

The Court also noted:

"The federal rule is summarized thusly: 'Discovery on the subject matter of the dispute to be arbitrated generally has been denied,' " id. (quoting 7 JAMES WILLIAM MOORE, FEDERAL PRACTICE § 81.057, at 81-82 (2d ed. 1979)), and further observed, "An excellent analysis is contained in Mississippi Power Co. v. Peabody Coal Co., 69 F.R.D. 558 (S.D. Miss. 1976)." Id. at 203-04.