---
title: "Subpoena in aid of a Model Law arbitration"
url: "https://ailawframework.com/precedents/arbitration-and-alternative-dispute-resolution/subpoena-in-aid-of-arbitration"
type: "precedent"
site: "AI Law Framework"
id: "a6-subpoena-in-aid-of-arbitration"
area_id: "A6"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A6-K20261018-6"]
law_stated_as_at: "2026-10-22"
---

# 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.

Canonical page: https://ailawframework.com/precedents/arbitration-and-alternative-dispute-resolution/subpoena-in-aid-of-arbitration  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Arbitration & Alternative Dispute Resolution](https://ailawframework.com/precedents/arbitration-and-alternative-dispute-resolution.md)
- Jurisdictions: Australia, Commonwealth
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the authority it cites, for Australia and Commonwealth.

## 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

- [Seek to issue a subpoena in aid of an arbitration](https://ailawframework.com/practice/arbitration-and-alternative-dispute-resolution/seek-to-issue-a-subpoena-in-aid-of-an-arbitration.md)

## 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

## Authorities

- [International Arbitration Act 1974 (Cth), compilation C2022C00086, ss 22, 22A and 23](https://www.legislation.gov.au/C2004A00192/latest/text)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/arbitration-and-alternative-dispute-resolution/subpoena-in-aid-of-arbitration and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*