Court must be satisfied of compliance with relevant section and rule and reasonableness of subpoena
Quick Take
1On an application under s 27A of the Commercial Arbitration Act 2011 (Vic), the Court must be satisfied of compliance with the relevant section and rule and that it is reasonable for the subpoena to issue; it does not act as a mere 'rubber stamp' but will attribute deference to the arbitral tribunal's permission and will not usually 'second guess' the tribunal's assessment of relevance and legitimate forensic purpose.
2There is no practical or legal requirement for an applicant to serve other parties to the arbitration or the addressee with the subpoena application; the Court will usually determine such applications ex parte on the papers to minimise cost and delay in the arbitral process, with the addressee or interested parties retaining the right to apply to set aside the subpoena after issue.
3The Court's role in issuing subpoenas in aid of arbitration reflects the legislative emphasis on court assistance and support for arbitral processes, balanced against the seriousness of the coercive power exercised against non-parties who are strangers to the arbitration agreement.
