Commentary

46.2 Further court powers in relation to witnesses

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

46.2 Further court powers in relation to witnesses

| Commentary

46.2 Further court powers in relation to witnesses

The Arbitration Act 1996 Section 44 confers further powers on the courts to make orders relating to the securing of witness evidence1, including an order to issue a commission or request for the examination of a witness outside England and Wales and Northern Ireland2. However, where the arbitration is seated abroad the courts will generally exercise their supportive powers sparingly3, and may refuse to act if the seat and curial law would make a witness summons inappropriate4. It should be noted that the request

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