Australian Capital Territory Consolidated Acts Australian Capital Territory Consolidated Acts(1) Unless a contrary intention is expressed in an arbitration agreement, a party to the agreement, or the arbitrator or umpire, may apply to the court for an order under this section against a person who—
(a) fails to appear before the arbitrator or umpire when required by subpoena or the arbitrator or umpire; or
(b) as a witness, fails to do any of the following when required by the arbitrator or umpire:
(i) take an oath;
(ii) make an affidavit;
(iii) answer a question;
(iv) produce a document or thing;
(v) any other thing.
(2) On the hearing of the application, the court may order the person to attend before the court—
(a) for examination; or
(b) to produce the document or thing; or
(c) to do the relevant thing.
(3) Where the court makes an order under subsection (2), it may in addition make orders for the transmission to the arbitrator or umpire of—
(a) a record of any evidence given under the order; or
(b) any document produced under the order or a copy of any such document; or
(c) particulars of anything done under the order;
and any such evidence, document or thing shall be deemed to have been given, produced or done (as the case requires) in the course of the arbitration proceedings.
(4) Subsection (5) applies if a party to an arbitration agreement—
(a) fails to attend before the umpire or arbitrator for examination when required by subpoena or the arbitrator or umpire; or
(b) fails to comply with a requirement of the arbitrator or umpire within a stated time or, if no time is stated, a reasonable time.
(5) The umpire or arbitrator may continue an arbitration proceeding in a case mentioned in subsection (4) if, in a similar default in a proceeding before the Supreme Court, the court could continue the proceeding.