loading...
Published on April 8, 2020
Taking of evidence by way of deposition from a non-party witness in aid of foreign arbitration proceedings – A and B v C, D and E [2020] EWCA Civ 409

The late Frank Sinatra sang “Start spreading the news, I’m leaving today, I want to be a part of it, New York, New York”. His advice was not followed by the third respondent in A and B v C, D and E [2020] EWCA Civ 409 who, based in England, refused to give evidence in arbitration proceedings, seated in the New York, to which he was a third party.

On 19 March 2020, the Court of Appeal handed down judgment, holding that section 44(2)(a) of the Arbitration Act 1996 (the “Arbitration Act” or the “Act”), which provides for the Court’s powers in respect of the taking of evidence of witnesses, does give the Court power to order the deposition of a non-party witness in England, in support of an arbitration seated in and being conducted in a foreign jurisdiction. This decision and its interplay with the controversial decisions in Cruz City 1 Mauritius Holdings v Unitech Limited [2014] EWHC 3704 (Comm) and DTEK Trading SA v Morozov [2017] EWHC 94 (Comm) is discussed by associate Jonas Habert.

To read the full article, please click the link below. 

DOWNLOAD PDF

News
Apr 10, 2024
The big freeze: Unitel SA v Unitel International Holdings BV & Anor
Mr Justice Bright has provided a useful reminder as to the hurdles that need to be overcome to secure a...
Mar 6, 2024
English High Court hands down significant judgment regarding an online auction of a blockchain-based NFT
The High Court has handed down judgment in Amir Soleymani v Nifty Gateway LLC. The background In 2021, Mr Soleymani,...
Feb 6, 2024
Anna Brownrigg speaking at Thought Leaders 4 Disputes: Financial Institutions Litigation
Anna Brownrigg will be speaking alongside a panel on Analysing the Rise of ESG Risks in Financial Institutions Litigation at...
Jan 29, 2024
PACCAR and beyond; the litigation funding landscape going into 2024
2023 was something of a rollercoaster in the UK for litigation funders and their clients. Ever since the Supreme Court...