Arbitration Act 1950

12 Conduct of proceedings, witnesses, &c. E+W

(1) Unless a contrary intention is expressed therein, every arbitration agreement shall, where such a provision is applicable to the reference, be deemed to contain a provision that the parties to the reference, and all persons claiming through them respectively, shall, subject to any legal objection, submit to be examined by the arbitrator or umpire, on oath or affirmation, in relation to the matters in dispute, and shall, subject as aforesaid, produce before the arbitrator or umpire all documents within their possession or power respectively which may be required or called for, and do all other things which during the proceedings on the reference the arbitrator or umpire may require.

(2) Unless a contrary intention is expressed therein, every arbitration agreement shall, where such a provision is applicable to the reference, be deemed to contain a provision that the witnesses on the reference shall, if the arbitrator or umpire thinks fit, be examined on oath or affirmation.

(3) An arbitrator or umpire shall, unless a contrary intention is expressed in the arbitration agreement, have power to administer oaths to, or take the affirmations of, the parties to and witnesses on a reference under the agreement.

(4) Any party to a reference under an arbitration agreement may sue out a writ of subpoena ad testificandum or a writ of subpoena duces tecum, but no person shall be compelled under any such writ to produce any document which he could not be compelled to produce on the trial of an action, and the High Court or a judge thereof may order that a writ of subpoena ad testificandum or of subpoena duces tecum shall issue to compel the attendance before an arbitrator or umpire of a witness wherever he may be within the United Kingdom.

(5) The High Court or a judge thereof may also order that a writ of habeas corpus ad testificandum shall issue to bring up a prisoner for examination before an arbitrator or umpire.

(6) The High Court shall have, for the purpose of and in relation to a reference, the same power of making orders in respect of—

(a) security for costs;

[F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(c) the giving of evidence by affidavit;

(d) examination on oath of any witness before an officer of the High Court or any other person, and the issue of a commission or request for the examination of a witness out of the jurisdiction;

(e) the preservation, interim custody or sale of any goods which are the subject matter of the reference;

(f) securing the amount in dispute in the reference;

(g) the detention, preservation or inspection of any property or thing which is the subject of the reference or as to which any question may arise therein, and authorising for any of the purposes aforesaid any persons to enter upon or into any land or building in the possession of any party to the reference, or authorising any samples to be taken or any observation to be made or experiment to be tried which may be necessary or expedient for the purpose of obtaining full information or evidence; and

(h) interim injunctions or the appointment of a receiver;

as it has for the purpose of and in relation to an action or matter in the High Court:

Provided that nothing in this subsection shall be taken to prejudice any power which may be vested in an arbitrator or umpire of making orders with respect to any of the matters aforesaid.

Textual Amendments

F1 S. 12(6)(b) repealed (1. 4. 1991) by Courts and Legal Services Act 1990 (c. 41, SIF 5), ss.103, 125(7), Sch. 20; S.I. 1991/608, art. 2, Sch.

Modifications etc. (not altering text)

C1 Power to apply s. 12 with modifications given by Arbitration (International Investment Disputes) Act 1966 (c. 41), s. 3(1)

C2 S. 12 applied by S.I. 1958/1486 (1958 I, p. 346) and with modifications by Industry Act 1975 (c. 68), s. 20(1), Sch. 3 Pt. II para. 14

C3 S. 12 applied (24.12.1994) by S.I. 1994/3064, art. 4(2)

C4 S. 12 applied (1.5.1996) by S.I. 1996/1022, art. 32

C5 Power to repeal conferred by Civil Jurisdiction and Judgments Act 1982 (c. 27, SIF 45:3), s. 25(5)