Ensure Smooth Sailing: Seeking A Subpoena In Support Of Arbitration

A recent decision of the Federal Court of Australia sheds light on how to effectively seek a subpoena from a court in support of arbitration proceedings.

TAKEAWAYS

The Court is not overly prescriptive in setting out the criteria for the grant of a subpoena, but this is not to confuse the Court as giving the arbitral tribunal carte-blanche, simply providing a rubber-stamp to subpoena requests.¹

Parties should circumnavigate this uncertainty by being purposive in the documents sought in the subpoena. This is particularly important in arbitration proceedings where assistance from the court is needed, in order to avoid delay and ensure the effectiveness of the subpoena being sought.