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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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