Commentary

45 Court powers in relation to witness evidence

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)
| Commentary

45 Court powers in relation to witness evidence

| Commentary

45 Court powers in relation to witness evidence

Arbitral tribunals have no power to make orders against non-parties to the arbitration, and cannot compel a non-party witness to attend a hearing to give evidence. The court’s assistance is therefore occasionally required to secure relevant witness evidence. The Arbitration Act 1996 Section 43 permits the court to make the same types of order as are available in court proceedings under CPR Part 34 in relation to witnesses in arbitration proceedings. In particular, the court may make an order compelling any person to appear at a hearing to give oral evidence or

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