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Arbitration weekly: England and Wales Arbitration Act 1996 rulings; EU AI Act and transparency convention; US enforcement of ICSID ECT awards; SIAC/AAA/IBA/CAS developments — 2 October 2025

Published on: 02 October 2025

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Arbitration in England and Wales

Court restricts document disclosure under the Arbitration Act 1996

In VXJ v FY [2025] EWHC 2394 (Comm), the Commercial Court (King’s Bench Division) refused an application under sections 43 and 44 of the Arbitration Act 1996 by which the claimant tried to obtain documents from the second and third defendants. The applicant sought either witness summonses pursuant to section 43 or, alternatively, an order under section 44(2)(c) to copy documents. The court found the applications were, in essence, impermissible disclosure bids, not tightly confined summonses for specific materials genuinely needed in the arbitration. It also held that neither section provides for non-party disclosure, and that the broad, category-based requests amounted to an inadmissible fishing expedition. See judgment: VXJ v FY and others [2025] EWHC 2394 (Comm)...

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