A and B v C, D and E

Section 44(2)(a) of the Arbitration Act 1996 empowers the court to order the deposition of a non-party witness in support of a foreign-seated arbitration, as the statutory language provides the same powers as in civil proceedings, and 'witnesses' is not limited to parties. The court's discretion and procedural safeguards address concerns about misuse and inconvenience.

Parties: Appellant: A; Appellant: B; Respondent: C; Respondent: D; Respondent: E
Jurisdiction: England and Wales
Judgment Date: 19 March 2020
Procedural Posture: Appeal / Court of Appeal Judgment
Outcome: appeal allowed
Legal Topics: Court Powers in Support of Arbitration, Taking Evidence From Non Parties, Section 44 Arbitration Act 1996, Depositions, Foreign Seated Arbitration

Arbitration Civil Procedure Court Powers in Support of Arbitration Taking Evidence From Non Parties Section 44 Arbitration Act 1996 Depositions Foreign Seated Arbitration

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Parties

Appellant

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

1 Does section 44(2)(a) of the Arbitration Act 1996 empower the court to order the deposition of a non-party witness in support of a foreign-seated arbitration?
2 Is the court's power under section 44(2)(a) limited to parties to the arbitration agreement or does it extend to non-parties?
3 Does section 44(2)(a) permit orders for depositions in support of foreign arbitrations, and what are the limits of such jurisdiction?

Ratio Decidendi

Court Disposition

appeal allowed

Orders

Order for the examination of the third respondent by way of deposition before an examiner of the court.