47.6   Subpoena

(cf SCR Part 72A, rule 7)

(1)  Part 33 applies to the issue of a subpoena under section 17 (1) of the Commercial Arbitration Act 1984 in the same way as it applies to the issue of a subpoena in proceedings in the court.

(2)  A subpoena for production before an arbitrator may, with the leave of the court or the arbitrator, require production on any day.

(3)  Unless the court otherwise orders, a subpoena requiring production of any document or thing before an arbitrator must permit the person named, instead of attending and producing it before the arbitrator, to produce the document or thing:

(a)  to a person, and at a place, nominated in writing by the arbitrator and stated in the subpoena, and

(b)  by hand or by post,

      so that the person nominated receives it not later than 2 days before the first date on which production before the arbitrator is required.

(4)  If a document or thing is produced in accordance with subrule (3) the person nominated:

(a)  if required to do so, must give a receipt to the person producing the document or thing, and

(b)  must produce the document or thing as the nature of the case requires or as the arbitrator may direct.

(5)  Subrule (3) does not apply to so much of a subpoena as requires a person to attend to give evidence.