New South Wales Consolidated Acts

COMMERCIAL ARBITRATION ACT 1984 - SECT 18

18 Refusal or failure to attend before arbitrator or umpire or to produce document

(1) Unless a contrary intention is expressed in the arbitration agreement, where any person (whether or not a party to the agreement):

(a) refuses or fails to attend before the arbitrator or umpire for examination when required under a subpoena or by the arbitrator or umpire to do so, or

(ba) refuses or fails to produce a document that the person is required under a subpoena or by the arbitrator or umpire to produce, or

(b) appearing as a witness before the arbitrator or umpire:

(i) refuses or fails to take an oath or to make an affirmation or affidavit when required by the arbitrator or umpire to do so,

(ii) refuses or fails to answer a question that the witness is required by the arbitrator or umpire to answer, or

(c) refuses or fails to do any other thing which the arbitrator or umpire may require,

a party to the arbitration agreement or the arbitrator or umpire may apply to the Court and the Court may order the person so in default to attend before the Court for examination or to produce to the Court the relevant document or to do the relevant thing.

(2) Where the Court makes an order under subsection (1), it may in addition make orders for the transmission to the arbitrator or umpire of:

(a) a record of any evidence given pursuant to the order,

(b) any document produced pursuant to the order or a copy of any such document, or

(c) particulars of any thing done pursuant to 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.

(3) If a party to an arbitration agreement:

(a) refuses or fails to attend before the arbitrator or umpire for examination when required under a subpoena or by the arbitrator or umpire to do so, or

(b) fails within the time specified by the arbitrator or umpire or, if no time is so specified, within a reasonable time to comply with a requirement of the arbitrator or umpire,

the arbitrator or umpire may continue with the arbitration proceedings in default of appearance or of any other act by the party if in similar proceedings before the Supreme Court the Supreme Court could in the event of such a default continue with the proceedings.