Obtaining Cross-Border Evidence from Non Parties in Support of Arbitration

In this article, Richard Hoyle examines the practical implications of the decision of the Commercial Court in A & Another v C & Others [2020] EWHC 258 (Comm) in which Angeline Welsh appeared for the Third Defendant. The decision confirmed that it is not possible to obtain cross-border evidence from non parties in support of arbitration under section 44 of the Arbitration Act 1996, and so the article discusses other alternative routes by which such evidence may be obtained in future cases.

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