Interim relief protects assets and evidence before a final decision. English courts can grant worldwide freezing injunctions and support arbitrations seated abroad; Indian courts can grant interim measures in support of foreign-seated arbitrations unless excluded; UAE and German law let both courts and tribunals order interim measures. The UK's 2025 reforms extended court support to emergency arbitrators and non-parties. Speed and the right forum are everything.
Courts supporting arbitration
The English court can make the same orders in support of arbitration as in court proceedings, including interim injunctions, and since 1 August 2025 these can be made in relation to non-parties. In urgent cases it may act to preserve evidence or assets; otherwise it needs the tribunal's permission or the other parties' written agreement, and it acts only where the tribunal or an emergency arbitrator cannot act effectively. These powers apply even where the seat is abroad, although the court may decline if that makes it inappropriate.
In India, section 9 interim measures are available for international commercial arbitrations seated outside India unless the parties agree otherwise. If granted before the arbitration starts, the arbitration must begin within 90 days, and once a tribunal is constituted the court will normally defer to it. A tribunal's interim order is enforceable as an order of the court. In the onshore UAE, the court president may order provisional or precautionary measures before or during an arbitration, and the tribunal may itself order measures to preserve assets or evidence. German law likewise allows both court and tribunal measures.12345678
Freezing injunctions
In England and Wales, a freezing injunction can restrain a party from removing assets from the jurisdiction or from dealing with assets anywhere in the world, coupled with an order to disclose information about them. Interim remedies can be granted before a claim is issued where the matter is urgent or it is otherwise in the interests of justice. Whether the order will be recognised where the assets are is a separate question to check.9
| Market | Court power | Tribunal power | Source |
|---|---|---|---|
| England and Wales | s44 orders incl. interim injunctions, also for foreign seats; urgent cases without permission | Emergency arbitrator recognised in s44(4)-(6) | Arbitration Act 1996 ss2(3), 44 |
| India | s9 measures, including for foreign seats unless excluded; arbitration within 90 days | s17 orders enforceable as court orders | Arbitration and Conciliation Act 1996 |
| UAE (onshore) | Court president may order provisional measures (Art 18) | Tribunal may order interim measures and security (Art 21) | Federal Law No. 6 of 2018 |
| Germany | Court measures not excluded by arbitration agreement (§ 1033) | Tribunal measures; court may allow enforcement (§ 1041) | ZPO |
Decisions to make
- Is the matter urgent enough to go to court without the tribunal's permission?1In England non-urgent applications need permission or written agreement.
- Do the arbitration rules provide for an emergency arbitrator?1English courts act only where the tribunal or emergency arbitrator cannot act effectively.
- Has the clause excluded Indian court support for a foreign-seated arbitration?3Section 9 applies to foreign seats unless the parties agree otherwise.
- Where are the assets?9A worldwide freezing order may still need recognition where the assets are.
Documents usually needed
- Evidence of the risk of dissipation of assets
- Asset schedule with locations
- Draft order and undertaking in damages
- Tribunal permission or written agreement for non-urgent English applications
- Notice of arbitration served within 90 days of an Indian pre-arbitration order
Common mistakes
- Applying to the English court in a non-urgent case without tribunal permission
- Missing India's 90-day deadline to start arbitration after a section 9 order
- Agreeing a clause that excludes court interim relief without realising it
- Seeking a freezing order without a credible asset trace
- Assuming a tribunal's order is self-enforcing everywhere
Questions businesses ask
Can an English court freeze assets for an arbitration seated in Singapore?
Section 44 powers apply even where the seat is abroad, but the court may decline if the foreign seat makes it inappropriate, and in non-urgent cases it needs permission or agreement.21
Can an Indian court help with a London-seated arbitration?
Yes, section 9 applies to international commercial arbitrations seated outside India unless the parties agree otherwise.3
What this guide does not yet confirm
These points need checking with a qualified local professional before you rely on them.
- SIAC, LCIA and DIAC emergency arbitrator rules could not yet be checked.
- Singapore International Arbitration Act section 12A (court interim orders) could not yet be checked.
- German attachment (Arrest, § 917 ZPO) could not yet be checked; French saisie conservatoire and UAE precautionary attachment under the Civil Procedure Code were not reviewed.
- DIFC and ADGM Courts' freezing order practice was not reviewed.
- US federal and state prejudgment attachment rules were not researched.
Sources and review status
Each statement is numbered to the source it was checked against. We use official sources where we can, and each statement says whether it was checked against an official or a secondary source. Sources last checked on 19 October 2026. None of it has been professionally reviewed yet: it is research checked against official and secondary sources by WONE Global, not legal or tax advice.
In support of arbitral proceedings, the English court has, unless the parties agree otherwise, the same powers to make orders as in court proceedings, including interim injunctions and the appointment of a receiver, whether in relation to a party or any other person; in urgent cases it may make orders necessary to preserve evidence or assets. Arbitration Act 1996, section 44(1), (2)(e) and (3), as amended from 1 August 2025. In non-urgent cases the court acts only with the permission of the tribunal or emergency arbitrator or the written agreement of the other parties (section 44(4)), and only where the tribunal or emergency arbitrator cannot act effectively (section 44(5)).
The English court's powers to support arbitration under section 44 apply even if the seat is outside England and Wales or Northern Ireland, or no seat has been designated, but the court may refuse to use them if the foreign seat makes it inappropriate. Arbitration Act 1996, section 2(3).
Part I of the Arbitration and Conciliation Act 1996 applies where the place of arbitration is in India, and, unless the parties agree otherwise, its provisions on interim measures by courts (section 9), court assistance in taking evidence (section 27) and related appeals also apply to international commercial arbitrations seated outside India. Section 2(2) and proviso. Central law.
Consolidated text hosted by the IIAC; the cover reads 'Last update 12-3-2021' although the file name refers to 27.01.2023. India Code could not be fetched. Any amendment after March 2021 was not checked. Reused from in-disputes-g01.
Where an Indian court grants an interim measure before arbitration starts, arbitral proceedings must begin within 90 days of the order unless the court extends the time, and once the tribunal is constituted the court will not normally hear interim applications unless the tribunal's remedy may be inefficacious. Arbitration and Conciliation Act 1996, section 9(2) and (3). Central law.
An interim measure ordered by an arbitral tribunal under section 17 of India's Arbitration and Conciliation Act is deemed an order of the court for all purposes and is enforceable under the Code of Civil Procedure. Section 17(2), subject to any appeal under section 37. Central law.
Under UAE onshore arbitration law the president of the competent court may, at the request of a party or the tribunal, order provisional or precautionary measures before or during the arbitration, and such a request neither suspends the arbitration nor waives the arbitration agreement. Federal Law No. 6 of 2018, Article 18. Onshore UAE; DIFC and ADGM have their own rules.
Article text read from the legislation platform download; the 2023 amendment (Federal Decree-Law No. 15 of 2023) was not compared article by article.
Unless the parties agree otherwise, a tribunal under UAE onshore arbitration law may, at a party's request or on its own initiative, order interim or precautionary measures such as preserving evidence or assets or maintaining the status quo, and may require security. Federal Law No. 6 of 2018, Article 21; a party may, with the tribunal's permission, apply to the competent court to enforce the measure.
Article text read from the legislation platform download; the 2023 amendment (Federal Decree-Law No. 15 of 2023) was not compared article by article.
In Germany an arbitration agreement does not prevent a court from ordering interim or protective measures on a party's application before or after the arbitration starts, and the tribunal may itself order such measures unless the parties agree otherwise, which the court may allow to be enforced. § 1033 and § 1041(1) and (2) ZPO; the court will not enforce a tribunal measure where corresponding interim relief has already been sought from a court.
In England and Wales the court may grant a freezing injunction restraining a party from removing assets from the jurisdiction or from dealing with any assets whether located within the jurisdiction or not, with an order to disclose information about the assets, and may grant interim remedies before a claim is started where the matter is urgent or it is otherwise desirable in the interests of justice. Civil Procedure Rules 25.1(1)(f) and (g) and 25.2(1) and (2), as shown on the Ministry of Justice page.
The page showed a last-updated date of 8 December 2023; check for later amendments to Part 25.
Questions on this topic
9 statements on interim relief and asset preservation
