English Court Powers Available in Support of Foreign Arbitral Proceedings: the Exercise of the Court's Discretion: a case note - Commerce and Industry Insurance Company of Canada v. Certain Lloyds Underwriters.
Article from: TDM 0 (2003), in International Commercial Arbitration
Abstract
Section 44 of the Arbitration Act 1996 is, at first sight, straightforward in providing Court assistance to arbitral tribunals in respect of matters such as the taking of evidence of witnesses; while s.44 is rather wider than its predecessor, s.12(6) of the Arbitration Act 1950, conversely, it is significantly restricted by ss.44(4) and 44(5). However, while the domestic position in this regard may well be straightforward, the Court's powers under s.44 may, pursuant to s.2(3)(b), also be exercised, at its discretion, in respect of a foreign arbitration and, in relation ...