BNP Paribas & Ors v Deloitte & Touche LLP [2003] EWHC 2874 (Comm) (28 November 2003)

BNP Paribas & Ors v Deloitte & Touche LLP [2003] EWHC 2874 (Comm) (28 November 2003)

Section 43 of the Arbitration Act 1996 does not empower the court to order third party disclosure in aid of arbitration; it only allows the court to order the production of specific, identified documents in evidence. The application was for classes of documents and amounted to a request for disclosure, which is not permitted under section 43.

Citation
[2003] EWHC 2874 (Comm)
Parties
Claimants: BNP Paribas & Ors; Defendant: Deloitte & Touche LLP
Jurisdiction
England and Wales
Judgment Date
28 November 2003
Procedural Posture
Commercial Court Application in Aid of Arbitration / Application for Third Party Disclosure Under Arbitration Act 1996, S.43
Outcome
Application dismissed
Legal Topics
Third Party Disclosure, Arbitration Act 1996 Section 43, Production of Documents, Subpoena Duces Tecum, Party Autonomy in Arbitration
Arbitration Civil Procedure Third Party Disclosure Arbitration Act 1996 Section 43 Production of Documents Subpoena Duces Tecum Party Autonomy in Arbitration

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

BNP Paribas & Ors

Claimants

Deloitte & Touche LLP

Defendant

Procedural Posture

Commercial Court Application in Aid of Arbitration / Application for Third Party Disclosure Under Arbitration Act 1996, S.43

Legal Issues

  1. 1 Does the court have power under section 43 of the Arbitration Act 1996 to order a third party to make disclosure of documents in aid of arbitration?
  2. 2 Is the application properly characterised as one for production of specific documents or for general disclosure?

Ratio Decidendi

Section 43 of the Arbitration Act 1996 does not empower the court to order third party disclosure in aid of arbitration; it only allows the court to order the production of specific, identified documents in evidence. The application was for classes of documents and amounted to a request for disclosure, which is not permitted under section 43.

Court Disposition

Application dismissed

Orders

  • Application for third party disclosure against Deloitte & Touche LLP is dismissed.