Clifford Chance

Client Briefing: Subpoenas In Aid Of Arbitration: Udp Holdings Pty Ltd V Esposito Holdings Pty Ltd & Ors [2018] Vsc 316

28 June 2018

In the recent case of UDP Holdings Pty Ltd v Esposito Holdings Pty Ltd & ors [2018] 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.

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