Document ID: chunk:federal_register_of_legislation:C2022C00086:section:23
Version: federal_register_of_legislation:C2022C00086
Segment Type: section
Provision Reference: s 23
Character Range: 30680–31781

23  Parties may obtain subpoenas
 (1) A party to arbitral proceedings commenced in reliance on an arbitration agreement may apply to a court to issue a subpoena under subsection (3).
 (2) However, this may only be done with the permission of the arbitral tribunal conducting the arbitral proceedings.
 (3) The court may, for the purposes of the arbitral proceedings, issue a subpoena requiring a person to do either or both of the following:
 (a) to attend for examination before the arbitral tribunal;
 (b) to produce to the arbitral tribunal the documents specified in the subpoena.
 (4) A person must not be compelled under a subpoena issued under subsection (3) to answer any question or produce any document which that person could not be compelled to answer or produce in a proceeding before that court.
 (5) The court must not issue a subpoena under subsection (3) to a person who is not a party to the arbitral proceedings unless the court is satisfied that it is reasonable in all the circumstances to issue it to the person.
 (6) Nothing in this section limits Article 27 of the Model Law.