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Section 38: General powers exercisable by the tribunal.

Arbitration Act 1996 · 1996 c. 23View on legislation.gov.uk

Part I: Arbitration pursuant to an arbitration agreement

The parties are free to agree on the powers exercisable by the arbitral tribunal for the purposes of and in relation to the proceedings.

Unless otherwise agreed by the parties the tribunal has the following powers.

The tribunal may give directions in relation to any property which is the subject of the proceedings or as to which any question arises in the proceedings, and which is owned by or is in the possession of a party to the proceedings—

for the inspection, photographing, preservation, custody or detention of the property by the tribunal, an expert or a party, or
ordering that samples be taken from, or any observation be made of or experiment conducted upon, the property.

The tribunal may direct that a party or witness shall be examined on oath or affirmation, and may for that purpose administer any necessary oath or take any necessary affirmation.

The tribunal may give directions to a party for the preservation for the purposes of the proceedings of any evidence in his custody or control.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.