AA 1996—securing the attendance of a witness or the production of documents (s 43)

Copyright © 2025 LexisNexis
Produced in partnership with Ben Sanderson
Practice notes

AA 1996—securing the attendance of a witness or the production of documents (s 43)

Copyright © 2025 LexisNexis

Produced in partnership with Ben Sanderson

Practice notes
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STOP PRESS: This Practice Note is currently Under Review in light of the new arbitration Act 2025. For further information on when the new act comes into force see Practice Note: When will the Arbitration Act 2025 come into force?

Under the Arbitration Act 1996 (AA 1996), the English court is permitted to exercise a range of powers in support of the arbitral process. These powers include compelling a witness within the jurisdiction to give evidence at an arbitral hearing or to produce documents for the purposes of the proceedings (AA 1996, s 43).

The court also has the power to order a witness who is outside of the jurisdiction to provide a deposition or to otherwise 'take evidence' (AA 1996, s 44)—see Practice Note: AA 1996—interim and/or emergency relief—powers of the English court.

While AA 1996, s 43 is a mandatory provision of AA 1996 (meaning that its operation cannot be excluded by agreement of the parties), AA 1996, s 44 is non-mandatory and may have been expressly

Ben Sanderson
Ben Sanderson

Ben Sanderson has worked as a partner in the international arbitration group in the London office of Kirkland & Ellis and now works at DLA Piper. He has represented clients across a range of industries, including the energy, mining and technology sectors. His practice focuses, in particular, on high-value international commercial arbitrations - both institutional and ad hoc - and bilateral investment treaty claims.

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Jurisdiction(s):
United Kingdom
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Key definition:
Arbitration definition
What does Arbitration mean?

Generally, a private form of final and binding dispute resolution by an appointed arbitral tribunal acting in a quasi-judicial manner. Arbitration is, generally, founded on party agreement (the arbitration agreement), and regulated and enforced by national courts.

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