Evidence in the arbitration

Witness summonses

Section 43 of the Arbitration Act 1996 provides that a party to arbitral proceedings may use the same procedures as are available to a party in legal proceedings to secure the attendance of a witness in order to give oral testimony or to produce documents. The permission of the arbitrators or of the other party is required for this process. The power is only available if the witness is in the UK, the arbitration has its seat in England and the material sought is not privileged. The procedure is set out in Part 34 of the Civil Procedure Rules, and under CPR rule 34.3(4) the court has the power to set aside or vary a witness summons. In South Tyneside Borough Council v Wickes Building Supplies Ltd [2004] EWHC 2428 (Comm) Gross J considered the circumstances in which exercise of the court’s power in CPR rule 34.3(4) might be exercised.