Commentary on provisions of Act Arbitral proceedings and powers of the court Section 9: Court powers exercisable in support of arbitral proceedings in respect of third parties
The 1996 Act (section 44) provides that the court can make orders in support of arbitration proceedings on the following matters: taking of witness evidence, preservation of evidence, orders relating to relevant property, sale of goods, interim injunctions, and the appointment of a receiver. Arbitrating parties require the leave (permission) of the court to appeal decisions made under section 44.
	Section 9 of this Act amends section 44 of the 1996 Act to make it clear that court orders under that section are available against third parties (people who are not party to the arbitration proceedings). For example, orders might be made against third parties who hold relevant evidence, or against banks which hold relevant funds. This aligns the position in arbitration proceedings with the position in court proceedings. Also, section 9 of this Act provides that third parties do not require the leave of the court to bring an appeal, thereby giving third parties the full rights of appeal usually available in court proceedings.