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.
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- Stay of court proceedings under the International Arbitration Act, section 7
- Preservation notice when arbitration is anticipated
- Expert determination agreement (referral of an existing dispute to an expert)
- Federal Court Form 50: originating application for an order in terms of an arbitration award
- Request to refer court proceedings to arbitration under Model Law article 8
- Notice of arbitration (ACICA Rules, with UNCITRAL and ad hoc variants)
- Arbitration preliminary-hearing agenda
- Disclosure of confidential information in a Model Law arbitration
- Enforcing a foreign arbitral award in the Federal Court: application checklist (International Arbitration Act 1974 ss 8 and 9)
- Federal Court Form 52: originating application to enforce a foreign award under the International Arbitration Act 1974
- Mediation agreement (with confidentiality and recording/AI-notetaker clause)
- Conferral letter before an arbitration discovery application
- Correction, interpretation and set-aside times after a Model Law award
- Federal Court Form 58: originating application to enforce an award under section 35(4) of the International Arbitration Act 1974
- Multi-tiered dispute resolution clause (notice, negotiation, mediation, then expert determination or arbitration)
- Redfern schedule for document production requests (with guidance)
- Arbitration confidentiality and non-waiver stipulation
- Federal Court Form 53: originating application for relief under the Model Law, section 18 of the International Arbitration Act 1974
- Procedural order (or party agreement) on the use of AI in the arbitration
- Notice and consent for AI transcription or notetaking in mediations and other ADR sessions
- Federal Court Form 54: application for a subpoena under the International Arbitration Act 1974
All precedents for Arbitration & Alternative Dispute Resolution · Tasks and AI use in this area