Supreme Court Rules 2000

An application for the issue of a subpoena under section 23(3) of the International Arbitration Act must be accompanied by – a draft subpoena; and an affidavit stating – the names of the parties to the arbitration; and the name of the arbitrator or the names of the arbitrators constituting the arbitral tribunal conducting the arbitration; and the place where the arbitration is being conducted; and the nature of the arbitration; and the terms of the permission given by the arbitral tribunal for the application; and the conduct money (if appropriate) to be paid to the addressee; and the witness expenses payable to the addressee.

The Court may – fix an amount that represents the reasonable loss and expense the addressee will incur in complying with the subpoena; and direct that the amount be paid by the applicant to the addressee before or after the addressee complies with the subpoena.

An amount fixed under subrule (2) may be in addition to any conduct money or witness expenses referred to in subrule (1)(b).

A person served with a subpoena under this section must comply with the subpoena in accordance with its terms.

Division 3 of Part 19 applies so far as is practicable to a subpoena referred to in this Subdivision.