Production of documents: powers of the court

Sections 43 and 44 of the Arbitration Act 1996 confer upon the court limited powers to order the attendance of a witness before a tribunal to give oral evidence or to produce documents, and to preserve property - including documents - which are the subject of the proceedings. The limits of these sections are apparent from the judgment of Calver J in VXJ v FY and Others [2025] EWHC 2394 (Comm), in which it was made clear that the powers do not extend to a general disclosure obligation upon non-parties.

The facts