Checklist · Arbitration & Alternative Dispute Resolution

Subpoena in aid of a Model Law arbitration

Checklist of section 23 before a party applies to a court for a subpoena to attend or to produce documents to the arbitral tribunal.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Australia, Commonwealth
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the authority it cites, for Australia and Commonwealth.
Version
1
Source
Written for this library

When to use it

Use when a party to a Model Law arbitration wants a court to issue a subpoena for the arbitration. The tribunal's permission is required before the application.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may list the person, the documents and any tribunal permission already on the file, and the lawyer decides whether to seek permission and settles any application.

AI may

  • Enter the person to be named and the documents sought, from the party's instructions
  • Record whether the tribunal has given permission, and the date of that permission
  • Note which court section 22A would point to, from the place where the proceedings are or are to be conducted

AI must not

  • Must not draft the subpoena or the application
  • Must not treat silence from the tribunal as permission
  • Must not decide that it is reasonable to issue a subpoena to a person who is not a party

The lawyer checks

  • Section 23 applies to these proceedings and has not been excluded in writing
  • The tribunal has given permission under section 23(2)
  • The court is one named in section 22A
  • A non-party is not included unless the reasonableness test in section 23(5) is addressed

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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