Jurisdiction(s):
United Kingdom

Third-Party Relief under Section 44: Arbitration Act 2025 Clarification and Remaining Issues (England and Wales)

Published on: 16 January 2026

Published by a LexisNexis Arbitration expert

Legal News

Article summary

Court powers under section 44

Section 44 of the Arbitration Act 1996 empowers the Court, in certain situations, to make orders that support an arbitration. The powers set out at s 44(2)(a)–(e) comprise:

(a) taking witness evidence;
(b) preservation of evidence;
(c) making orders about property that is the subject of the proceedings or in respect of which a question arises, including:
- (i) inspection, photography, preservation, custody or detention;
- (ii) taking samples, making observations or conducting experiments and, for that purpose, authorising entry to premises in the possession or control of a party to the arbitration;
(d) selling goods that are the subject of the proceedings;
(e) granting interim injunctions or appointing a receiver.

This newsletter does not attempt to cover every aspect of section 44; rather, it concentrates on the long-standing and difficult issue of third parties. For many years the English courts have wrestled with whether relief under section 44 can be ordered against those who are not party to the arbitration agreement. The case law has frequently been unclear and, at points, contradictory...

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