Judicial support for arbitration proceedings

Orders under section 44 of the 1996 Act

Section 44 of the Arbitration Act 1996 confers upon the court various powers which may be exercised by it (in the absence of contrary agreement) where the arbitrators themselves are unable to act. The most likely situation in which the court will be called upon to exercise its powers is where the arbitrators have just been appointed and have not yet had the opportunity to exercise their own powers. In two recent cases, Cetelem SA v Roust Holdings Ltd [2004] EWHC 3175 (QB) and National Insurance and Guarantee Cor poration Ltd v M Young Legal Services Ltd [2004] EWHC 2972 (QB) the courts have explored the ambit of s44. Their conclusion has been that judicial power to provide assistance to pending arbitrations is wider than the precise wording of the section appears to contemplate, in that: (a) orders may be made in advance of arbitration having commenced; and (b) orders may be made which in effect require the defendant to adhere to the very contract the rights under which would fall to be resolved in arbitration.