27A

Parties may obtain subpoenas

In force

(1)

The Court may, on the application of any party, and subject to and in accordance with rules of court, issue a subpoena requiring a person—

(a)

to attend for examination before the arbitral tribunal; or

(b)

to produce to the arbitral tribunal the documents specified in the subpoena; or

(c)

to do both of those things.

(2)

A party may only make an application to the Court under subsection (1) with the permission of the arbitral tribunal.

(3)

A person must not be compelled under any subpoena issued in accordance with subsection (1) to answer any question or produce any document that the person could not be compelled to answer or produce in a proceeding before the Court.

Note

There is no equivalent to this section in the Model Law.

This Act’s bill:Explanatory memorandum Second reading speech

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