Arbitration and Dispute Resolution

Commerce and Industry Insurance Co of Canada v Lloyd’s Underwriter’s (Commercial Court) (Moore-Bick, J) 1 August 2001

Arbitration – Arbitral proceedings in New York – Application by arbitrators to have witnesses examined by the English court – Whether Hague Convention 1970 applied to private proceedings – Evidence (Proceedings in Other Jurisdictions) Act 1975, s1 –Arbitration Act 1996, s44 – Whether English court had jurisdiction to examine witnesses – Whether discretion should be exercised in favour of examination