ABSTRACT
The fate of any dispute hinges on the availability of relevant and material evidence to establish crucial facts, and an arbitral process stands as no exception. The availability of such evidence is, however, often entwined with difficulties, more so in a foreign-seated international arbitration where one may have to obtain evidence or witness testimony from a source located in a foreign jurisdiction. Relevant evidence could equally be in the possession of a third party, which makes its acquisition even more onerous. In the circumstances, court assistance becomes a necessity for acquiring evidence from third parties to an arbitration, particularly when such third parties are not situated at the seat of the arbitration. It is common in disputes concerning cross-border transactions to require production of evidence located in, or the presence of potential witnesses residing in, foreign jurisdictions.
