28 June 2018
In the recent case of UDP Holdings Pty Ltd v Esposito Holdings Pty Ltd & ors  VSC 316 the Supreme Court of Victoria approved the issuance of subpoenas compelling two witnesses to attend before an arbitral tribunal seated in Melbourne and give evidence pursuant to s 23 of the International Arbitration Act 1974 (Cth) (“the Act”). The application arose out of a long-running dispute concerning the sale of a food business. The Court's judgment provides useful guidance on the circumstances in which it will issue subpoenas in aid of arbitration as well as the meaning s23(4) of the Act.
Client Briefing: Subpoenas In Aid Of Arbitration: Udp Holdings Pty Ltd V Esposito Holdings Pty Ltd & Ors  Vsc 316