s.43Court's powers exercisable in support of arbitration proceedings
43
Section 43Part 7 — ARBITRAL PROCEEDINGS

Court's powers exercisable in support of arbitration proceedings

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In relation to an arbitration a court —
may make such orders in respect of any of the matters set out in sections 38 and 40 as it would in relation to an action or matter in the court;
may secure the amount in dispute;
shall ensure that any award that may be made in the arbitral proceedings is not rendered ineffectual by the dissipation of assets by a party; and
may grant an interim injunction or any other interim measure.
An order of the court under this section shall cease to have effect in whole or in part if the arbitral tribunal or any such arbitral tribunal or person having power to act in relation to the subject matter of the order makes an order to which the order of the court relates.
If the case is one of urgency, the court may, on the application of a party or proposed party to the arbitral proceedings, make such orders as it thinks necessary for the purpose of preserving evidence or assets.
If the case is not one of urgency, the court shall act only on the application of a party to the arbitral proceedings (upon notice to the other parties and to the tribunal) made with the permission of the tribunal or the agreement in writing of the other parties.
In any case, the court shall act only if or to the extent that the arbitral tribunal vested by the parties with power in that regard has no power or is unable for the time being to act effectively.

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