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Arbitration Law Monthly

The supportive power of the courts

Urgent relief under section 44 of the Arbitration Act 1996

In recent months the High Court has handed down a series of decisions in which the scope of the court’s powers to grant interim relief in support of arbitrations, under s44 of the Arbitration Act 1996, has been under discussion. Those cases have tended towards an expansive view of the s44 powers. That tendency has been brought to an abrupt end by the decision of the Court of Appeal in Cetelem SA v Roust Holdings Ltd [2005] EWCA Civ 618. In order to examine the impact of this case, it is necessary to provide some background as to the role of s44 and the interpretation given to that section by the earlier cases, as discussed in Arbitration Law Monthly ( Volume 5: May (pp5–8)).

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