Arbitration (International Commercial) Act, 1998
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Court powers exercisable in support of international commercial arbitration proceedings. |
7.—(1) For the purposes of giving effect to Article 9 or 27, the High Court may, on application under section 6 (3), make, in relation to an international commercial arbitration, any order in respect of— | |
(a) the preservation, interim custody or sale of any goods which are the subject matter of the arbitral proceedings, | ||
(b) securing the amount at issue in the arbitral proceedings, | ||
(c) security for costs, | ||
(d) interim injunctions, | ||
(e) the appointment of a receiver, | ||
(f) the detention, preservation or inspection of any property or thing which is the subject matter of the arbitral proceedings and authorising— | ||
(i) for any of those purposes any person to enter any land or building in the possession of a party, or | ||
(ii) any sample to be taken, any observation to be made or any experiment to be tried which may be necessary or expedient for obtaining full information or evidence, | ||
(g) securing the attendance of witnesses before the arbitral tribunal in order that evidence be given or documents be produced, | ||
(h) the examination on oath or affirmation of any witness before an officer of the Court or other person, | ||
(i) the issue of a commission or request for the examination of a witness outside the State, or | ||
(j) the discovery and inspection of documents and interrogatories, | ||
that it has power to make for the purpose of and in relation to an action or other matter before the High Court. | ||
(2) A party shall not be ordered under this section to provide security for costs solely on the ground that the party is— | ||
(a) an individual who is ordinarily resident outside the State, or | ||
(b) a corporation or association incorporated or formed under a law other than the law of the State or whose central management and control is exercised outside the State. | ||
(3) Nothing in this section shall be taken to prejudice— | ||
(a) the generality of Articles 9 and 27, or | ||
(b) any power of an arbitral tribunal to make orders in respect of any of the matters mentioned in subsection (1). |