The High Court has ordered a witness believed to be living in Dublin 8 to give evidence for a US arbitration involving TikTok Inc. and Rosendin Electric Inc.
Mr Justice David Barniville, President of the High Court, granted TikTok’s application for Irish judicial assistance after the California-based arbitrator formally requested help obtaining evidence from Austin Saari.
The underlying arbitration is pending before Judicial Arbitration and Mediation Services in San Francisco. TikTok and Rosendin entered a master services agreement in June 2021 concerning work including the fit-out of data halls. TikTok commenced arbitration in August 2024 seeking damages for alleged defective work. Those substantive allegations have not been determined in this Irish proceeding.
The arbitrator sought Saari’s evidence because he was said to have been a founder of subcontractor Conatech LLC and its lead project manager on relevant work. Part of the US dispute concerns containment equipment at a TikTok data centre which was rejected by a County Fire Marshal and subsequent attempts to find an alternative design solution.
TikTok’s lawyers had previously contacted Saari about appearing voluntarily. The judgment records that he spoke with TikTok counsel in March 2026 and indicated he would identify suitable dates, but did not respond to later messages.
The High Court held that Article 27 of the UNCITRAL Model Law, together with section 15 of the Arbitration Act 2010, permits the court to assist an arbitration taking place outside Ireland by obtaining evidence from a person here.
Saari was directed to attend a deposition on or before July 31, either in person at Flynn O’Driscoll LLP’s Dublin offices or by an agreed remote method. The examination may last up to 14 hours, divided equally between TikTok and Rosendin, and will be overseen by Ronan Lupton SC as commissioner.
The testimony is to be recorded, transcribed and treated confidentially under the arbitration’s protective order. Saari may apply to set aside the order on 72 hours’ notice. The High Court made no order for costs of the application.