774ESubpoenas

774E Subpoenas

[Rule 774E Inserted by S.R. 2015, No. 91, Applied:16 Dec 2015]

(1)  An application for the issue of a subpoena under section 23(3) of the International Arbitration Act must be accompanied by –

(a) a draft subpoena; and

(b) an affidavit stating –

(i) the names of the parties to the arbitration; and

(ii) the name of the arbitrator or the names of the arbitrators constituting the arbitral tribunal conducting the arbitration; and

(iii) the place where the arbitration is being conducted; and

(iv) the nature of the arbitration; and

(v) the terms of the permission given by the arbitral tribunal for the application; and

(vi) the conduct money (if appropriate) to be paid to the addressee; and

(vii) the witness expenses payable to the addressee.

(2)  The Court may –

(a) fix an amount that represents the reasonable loss and expense the addressee will incur in complying with the subpoena; and

(b) direct that the amount be paid by the applicant to the addressee before or after the addressee complies with the subpoena.

(3)  An amount fixed under subrule (2) may be in addition to any conduct money or witness expenses referred to in subrule (1)(b) .

(4)  A person served with a subpoena under this section must comply with the subpoena in accordance with its terms.

(5)  Division 3 of Part 19 applies so far as is practicable to a subpoena referred to in this Subdivision.