Evidence from third parties is often difficult to obtain in the arbitration context. ew people want to voluntarily appear to give evidence (generally you should be wary of potential witnesses that are overly keen to give evidence). Using methods of compulsion (where available) can appear antagonistic and the cooperation that might have otherwise existed can then evaporate.

Moreover, given that the agreement to arbitrate does not, generally, bind non-parties, such mechanisms as do exist often will not extend to third parties. In contrast, and generally, court litigation does have powers that extend to third parties.

In this article recent developments in the US and England are considered.

Please click here to read the full article.


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