Disclosure by non-party

BNP Paribas and others v Deloitte and Touche LLP [2003] EWHC 2874 (Comm)

Section 43 of the Arbitration Act 1996 does not give the court, in respect of arbitration proceedings, power to order disclosure from a third party; the wording of s43(l) is precisely the form of words in English to replace the Latin subpoena duces tecum, which the court possessed under s12(4) of the Arbitration Act 1950. Unless the documents were properly identified with particularity an order to produce documents would not be made. If there were a properly targeted application relating to specific documents that could be said to be required to be adduced in evidence, then any such specific application would be considered on its merits.