23AFailure to assist arbitral tribunal

#### 23A Failure to assist arbitral tribunal (1) A party to arbitral proceedings commenced in reliance on an arbitration agreement may apply to a court for an order under subsection (3) if a person: (a) refuses or fails to attend before the arbitral tribunal conducting the arbitral proceedings for examination when required to do so under a subpoena issued under subsection 23(3); or (b) refuses or fails to attend before the arbitral tribunal when required to do so by the arbitral tribunal; or (c) refuses or fails to produce a document that the person is required to produce under a subpoena issued under subsection 23(3); or (d) refuses or fails to produce a document that the person is required to produce by the arbitral tribunal; or (e) appearing as a witness before the arbitral tribunal: (i) refuses or fails to take an oath or to make an affirmation or affidavit when required by the arbitral tribunal to do so; or (ii) refuses or fails to answer a question that the witness is required by the arbitral tribunal to answer; or (f) refuses or fails to do any other thing which the arbitral tribunal may require to assist the arbitral tribunal in the performance of its functions. (2) However, an application may only be made under paragraph (1)(b), (d), (e) or (f) with the permission of the arbitral tribunal. (3) The court may, for the purposes of the arbitral proceedings, order: (a) the person to attend before the court for examination or to produce to the court the relevant document or to do the relevant thing; and (b) the person, or any other person, to transmit to the arbitral tribunal one or more of the following: (i) a record of any evidence given in compliance with the order; (ii) any document produced in compliance with the order, or a copy of the document; (iii) particulars of any other thing done in compliance with the order. (4) A person must not be compelled under an order made under subsection (3) to answer any question or produce any document which that person could not be compelled to answer or produce in a proceeding before that court. (5) The court must not make an order under subsection (3) in relation to a person who is not a party to the arbitral proceedings unless: (a) before the order is made, the person is given an opportunity to make representations to the court; and (b) the court is satisfied that it is reasonable in all the circumstances to make the order in relation to the person. (6) Nothing in this section limits Article 27 of the Model Law.