No versions valid at: 17/12/1996
Point in time view as at 17/12/1996. This version of this provision is not valid for this point in time.
Arbitration Act 1996, Section 39 is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Valid from 31/01/1997
(1)The parties are free to agree that the tribunal shall have power to order on a provisional basis any relief which it would have power to grant in a final award.
(2)This includes, for instance, making—
(a)a provisional order for the payment of money or the disposition of property as between the parties, or
(b)an order to make an interim payment on account of the costs of the arbitration.
(3)Any such order shall be subject to the tribunal’s final adjudication; and the tribunal’s final award, on the merits or as to costs, shall take account of any such order.
(4)Unless the parties agree to confer such power on the tribunal, the tribunal has no such power.
This does not affect its powers under section 47 (awards on different issues, &c.).
Modifications etc. (not altering text)
C1Power to apply conferred (31.1.1997) by 1966 c. 41, s. 3 (as substituted by 1996 c. 23, s. 107(1), Sch. 3 para. 24) (with s. 81(2)); S.I. 1996/3146, art. 3 (with art. 4, Sch. 2)
C2Power to apply conferred (31.1.1997) by 1988 c. 8, s. 6(1) (as substituted by 1996 c. 23, s. 107(1), Sch. 3 para. 49 (with s. 81(2)); S.I. 1996/3146, art. 3 (with art. 4, Sch. 2)
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