Arbitration Act 1996
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Change 1
44 Court powers exercisable in support of arbitral proceedings.
(1) Unless otherwise agreed by the parties, the court has for the purposes of and in relation to arbitral proceedings the same power of making orders (whether in relation to a party or any other person) about the matters listed below as it has for the purposes of and in relation to legal proceedings. (2) Those matters are— (a) the taking of the evidence of witnesses; (b) the preservation of evidence; (c) making orders relating to property which is the subject of the proceedings or as to which any question arises in the proceedings— (i) for the inspection, photographing, preservation, custody or detention of the property, or (ii) ordering that samples be taken from, or any observation be made of or experiment conducted upon, the property; and for that purpose authorising any person to enter any premises in the possession or control of a party to the arbitration; (d) the sale of any goods the subject of the proceedings; (e) the granting of an interim injunction or the appointment of a receiver. (3) If the case is one of urgency, the court may, on the application of a party or proposed party to the arbitral proceedings, make such orders as it thinks necessary for the purpose of preserving evidence or assets. (4) If the case is not one of urgency, the court may act only on the application of a party to the arbitral proceedings made with— (a) the permission of the tribunal or (as the case may be) the emergency arbitrator, or (b) the agreement in writing of the other parties. (4A) An application under subsection (4) may be made only upon notice to the other parties and to the tribunal or the emergency arbitrator. (5) In any case the court shall act only if or to the extent that the arbitral tribunal or the emergency arbitrator, and any arbitral or other institution or person vested by the parties with power in that regard, has no power or is unable for the time being to act effectively. (6) If the court so orders, an order made by it under this section shall cease to have effect in whole or in part on the order of the tribunal , the emergency arbitrator or of any such arbitral or other institution or person having power to act in relation to the subject-matter of the order. (6A) Subject to subsection (7), an appeal lies from a decision of the court under this section. (7) The leave of the court is required for any such appeal by a party or proposed party to the arbitral proceedings.
44 Court powers exercisable in support of arbitral proceedings.
(1) Unless otherwise agreed by the parties, the court has for the purposes of and in relation to arbitral proceedings the same power of making orders (whether in relation to a party or any other person) about the matters listed below as it has for the purposes of and in relation to legal proceedings. (2) Those matters are— (a) the taking of the evidence of witnesses; (b) the preservation of evidence; (c) making orders relating to property which is the subject of the proceedings or as to which any question arises in the proceedings— (i) for the inspection, photographing, preservation, custody or detention of the property, or (ii) ordering that samples be taken from, or any observation be made of or experiment conducted upon, the property; and for that purpose authorising any person to enter any premises in the possession or control of a party to the arbitration; (d) the sale of any goods the subject of the proceedings; (e) the granting of an interim injunction or the appointment of a receiver. (3) If the case is one of urgency, the court may, on the application of a party or proposed party to the arbitral proceedings, make such orders as it thinks necessary for the purpose of preserving evidence or assets. (4) If the case is not one of urgency, the court may act only on the application of a party to the arbitral proceedings made with— (a) the permission of the tribunal or (as the case may be) the emergency arbitrator, or (b) the agreement in writing of the other parties. (4A) An application under subsection (4) may be made only upon notice to the other parties and to the tribunal or the emergency arbitrator. (5) In any case the court shall act only if or to the extent that the arbitral tribunal or the emergency arbitrator, and any arbitral or other institution or person vested by the parties with power in that regard, has no power or is unable for the time being to act effectively. (6) If the court so orders, an order made by it under this section shall cease to have effect in whole or in part on the order of the tribunal , the emergency arbitrator or of any such arbitral or other institution or person having power to act in relation to the subject-matter of the order. (6A) Subject to subsection (7), an appeal lies from a decision of the court under this section. (7) The leave of the court is required for any such appeal by a party or proposed party to the arbitral proceedings.
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