Court Intervention Archives - International Arbitration

Arbitration Act 1996: Exceptions to the Rule of Confidentiality

by Paul J. Neufeld, FCIArb and Reem Ayad | Jan 18, 2022 | Arbitration Act 1996, Confidentiality, Court Intervention

Arbitrations seated in England, Wales or Northern Ireland are governed by Arbitration Act 1996 (“AA 1996” / “The Act”). In some circumstances, the provisions of the Act may apply to arbitrations seated outside of those jurisdictions. Indeed, the Act makes no distinction between ‘domestic’ and ‘international’ arbitrations. Therefore, the legal framework for domestic arbitrations seated in the England & Wales or Northern Ireland and international arbitrations will be the same.

Section 7 of the FAA: Compelling Evidence from the Recalcitrant Non-party Witness

by Ann Ryan Robertson, C.Arb, FCIArb | Jun 3, 2020 | Court Intervention, Evidence, FAA, Jurisdiction | United States

Section 7 of the Federal Arbitration Act (“FAA”) grants arbitrators the authority to ‎‎“summon in writing any person to attend before them . . . as a witness and in a proper case to ‎bring with him or them any book, record, document, or paper which may be deemed material as ‎evidence in the case.”‎1 It is generally accepted that § 7 does not empower an arbitrator to issue ‎pre-hearing discovery summonses seeking to compel the depositions of non-parties or to compel ‎pre-hearing document discovery.‎

Foreign Arbitrations and the Use of Section 44(2)(a) of the Arbitration Act 1996

by Ann Ryan Robertson, C.Arb, FCIArb and Paul J. Neufeld, FCIArb | May 28, 2020 | Arbitration Act 1996, Commercial Arbitration, Court Intervention, Discovery, Evidence | England and Wales

A previous QuickStudy explored the deep divide among the U.S. courts regarding whether 28 USC §1782’s use of “foreign tribunal” encompasses private commercial arbitration tribunals.1 The Sixth and Fourth Circuits of the United States Courts of Appeals take an expansive view of the definition.

Topic: Court Intervention

Arbitration Act 1996: Exceptions to the Rule of Confidentiality

Section 7 of the FAA: Compelling Evidence from the Recalcitrant Non-party Witness

Foreign Arbitrations and the Use of Section 44(2)(a) of the Arbitration Act 1996

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