Commentary

Section 46.1 Availability of relief under Arbitration Act 1996 Section 44

ARBITRATION AND ALTERNATIVE DISPUTE RESOLUTION vol 3(1)
| Commentary

Section 46.1 Availability of relief under Arbitration Act 1996 Section 44

| Commentary

46 Further court powers in support of arbitral proceedings

46.1 Availability of relief under Arbitration Act 1996 Section 44

The Arbitration Act 1996 Section 44 (‘Court powers exercisable in support of arbitral proceedings’) is a non-mandatory provision and can therefore be excluded by agreement1. However, clear words are required for this purpose2.

The court’s powers under Section 44 extend to arbitrations where the seat of the arbitration is outside England and Wales or Northern Ireland3. However, in such cases the court will consider whether the circumstances are such that the exercise of any of its powers under Section 44 is inappropriate4. The

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