BNP Paribas & Ors v Deloitte & Touche LLP

BNP Paribas & Ors v Deloitte & Touche LLP

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

Parties
Claimant: BNP Paribas & Ors; Defendant: Deloitte & Touche LLP
Jurisdiction
England and Wales
Judgment Date
28 November 2003
Procedural Posture
Commercial Arbitration Related Application / Judgment on Application for Third Party Disclosure
Outcome
Application dismissed
Legal Topics
Third Party Disclosure, Production of Documents, Arbitration Act 1996 Section 43, Witness Summons
Arbitration Civil Procedure Third Party Disclosure Production of Documents Arbitration Act 1996 Section 43 Witness Summons

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Parties

BNP Paribas & Ors

Claimant

Deloitte & Touche LLP

Defendant

Procedural Posture

Commercial Arbitration Related Application / Judgment on Application for Third Party Disclosure

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 proceedings?

Ratio Decidendi

Section 43 of the Arbitration Act 1996 does not give the court power to order third party disclosure of documents in aid of arbitration; it only allows for the production of specific 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