Third-Party Document Disclosure In Arbitration: VXJ v FY & Ors [2025] EWHC 2394

Key takeaway

For parties engaged in arbitration, securing critical evidence controlled by third parties can present a significant strategic risk, as arbitral tribunals lack the authority to compel them to disclose documents. In this article, we discuss the High Court's recent decision in VXJ v FY & Ors [2025] EWHC 2394, examining the strict threshold of "necessity" for court intervention and the practical challenges of obtaining third-party disclosure under the Arbitration Act 1996.

What are the limits of an arbitrator's power to compel evidence?

Arbitrations in England and Wales are largely free to operate as agreed by the parties. Consequently, the powers of an arbitral tribunal are limited not only to the parties to the arbitration, but also to the powers that the parties agree to grant it. This means that arbitrators have limited powers to compel any party to act or produce information. In the Arbitration Act 1996 (the "Act"), as amended, Parliament has provided for parties