High Court enforces peremptory orders regardless of AA 1996, ss 43 and 44 orders (W v X Company)

Table of contents

• What are the practical implications?
• What is the background to this application?
• What were the parties’ arguments?
• What did the court decide?
• Court details

Article summary

Arbitration analysis: Mrs Justice Carr in the Commercial Court granted an order under section 42 of the Arbitration Act 1996 (AA 1996), to enforce a number of peremptory disclosure orders made by a tribunal in arbitration proceedings. Upon an examination of the history of disclosure in the proceedings, the judge concluded that peremptory orders had not been complied with, either within the original deadline or the subsequent extensions. The fact that orders under AA 1996, ss 43 and 44 had been made by the court, and might lead to the same documents being produced, did not prevent the court from exercising its powers under AA 1996, s 42.