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Arbitration Act 1996

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43 Securing the attendance of witnesses.E+W+N.I.

(1)A party to arbitral proceedings may use the same court procedures as are available in relation to legal proceedings to secure the attendance before the tribunal of a witness in order to give oral testimony or to produce documents or other material evidence.

(2)This may only be done with the permission of the tribunal or the agreement of the other parties.

(3)The court procedures may only be used if—

(a)the witness is in the United Kingdom, and

(b)the arbitral proceedings are being conducted in England and Wales or, as the case may be, Northern Ireland.

(4)A person shall not be compelled by virtue of this section to produce any document or other material evidence which he could not be compelled to produce in legal proceedings.

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Modifications etc. (not altering text)

C1Power to apply conferred (31.1.1997) by 1966 c. 41, s. 3 (as substituted by 1996 c. 23, s. 107(1), Sch. 3, para. 24) (with s. 81(2)); S.I. 1996/3146 art. 3 (with art. 4, Sch. 2)

C2Power to apply conferred (31.1.1997) by 1988 c. 8, s. 6(1) (as substituted by 1996 c. 23, s. 107(1), Sch. 3 para. 49) (with s. 81(2)); S.I. 1996/3146, art. 3 (with art. 4, Sch. 2)

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