Judicial support for arbitration proceedings

The making of interlocutory orders

Section 44 of the Arbitration Act 1996 contains the powers of the court to lend its assistance to arbitral proceedings where, but for its assistance, the arbitrators themselves would have no power to act. The section is primarily, but not exclusively, concerned with ‘holding the ring’ pending the appointment of the arbitral panel. In Hiscox Underwriting Ltd and another v Dickson Manchester & Co Ltd [2004] EWHC 479 (Comm), Cooke J held that the powers conferred upon the court are less restricted than a reading of s44 itself might suggest, and extend to the making of an order requiring a contracting party to disclose information in accordance with the terms of the contract between the parties.