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02 July 2021 / Masood Ahmed
Issue: 7939 / Categories: Features , Procedure & practice , ADR , Arbitration
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International arbitration: widening the circle

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Masood Ahmed provides guidance on taking evidence from non-parties in international arbitration
  • A Court of Appeal decision has provided authority on the application of s 44(2)(a) of the Arbitration Act 1996, which provides the court with the power to order the taking of evidence from a non-party to an arbitration.

Section 44(2)(a) of the Arbitration Act 1996 (AA 1996) provides the court with the power to order the taking of evidence from a non-party to an arbitration so that it can be adduced in an arbitration that is being conducted in a foreign jurisdiction. As well as s 44(2)(a), the other powers of the court under s 44(2) include the preservation of evidence; orders in respect of property which is subject to the proceedings; the sale of goods that are subject to the proceedings; and the granting of interim injunctions and appointing receivers. In the case of A and another v C and others [2020] EWCA Civ 409, [2020] All ER (D) 135 (Mar), the Court of Appeal provided

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MOVERS & SHAKERS

Carter-Ruck—Tomas Vail

Carter-Ruck—Tomas Vail

Carter-Ruck strengthens International team with appointment of arbitration partner Tomas Vail

Slater Heelis—Nick Terry

Slater Heelis—Nick Terry

Slater Heelis strengthens crime and regulatory team with appointment of Nick Terry as partner

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach—Thomas Moran & Sarah Gogan

Payne Hicks Beach strengthens private wealth offering with appointment of two new partners

NEWS
Expert witnesses face a multitude of risks and uncertainties when using artificial intelligence (AI) in their reports, IT specialists have warned
The Ministry of Justice (MoJ) has accepted Richard Lloyd’s recommendations for the Legal Services Board (LSB) and ordered a ‘comprehensive review of the regulatory framework’, likely to continue beyond 2029
More than one-third of expert witnesses now use artificial intelligence (AI) regularly or occasionally in their work, according to Bond Solon’s 2026 expert witness survey
General counsel have warned law firms not to keep artificial intelligence (AI) savings to themselves or risk losing work
Some 53 firms have been successfully assessed for legal aid contracts for inquest work and will now move to the verification stage, the Legal Aid Agency has confirmed
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