A v C

Subject Matter

ARBITRATION — Practice — Examination of witnesses — Application for compulsory taking of evidence of non-party for use in arbitration — Non-party resident in England and Wales — Whether court having jurisdiction to make order sought — Relevance of absence of need to serve application out of jurisdiction — Whether application to be granted — Arbitration Act 1996 (c 23), s 44(2)(a) — CPR r 62.5(1)

[2020] EWHC 258 (Comm); [2020] Bus LR 426; [2020] WLR(D) 89, QBD

ARBITRATION — Practice — Examination of witnesses — Application for compulsory taking of evidence of non-party for use in arbitration seated in New York — Non-party resident in England and Wales — Whether court having jurisdiction to make order sought — Whether application to be granted — Arbitration Act 1996 (c 23), s 44(2)(a)

[2020] EWCA Civ 409; [2020] 1 WLR 3504; [2020] Bus LR 1852; [2020] 4 All ER 874; [2020] 2 All ER (Comm) 631; [2020] 1 Lloyd's Rep 341; [2020] WLR (D) 176; The Times, 26 May 2020, CA

Appellate History

Commentary

Blackstones Civil Practice 2023
Introduction 72.1

Claims under the Arbitration Act 1996 - Service of arbitration claim form out of the jurisdiction 72.5

Claims under the Arbitration Act 1996 - Securing the attendance of witnesses 72.12

Claims under the Arbitration Act 1996 - Court’s powers in support of arbitration 72.11