1997, p. 1). The regime applies equally for domestic and international arbitrations (see Collins, 1997, pp 96-97) 4.1.2 Survey of the solutions for the issues 4. 2. 1 The relationship between court-ordered interim relief and arbitration Underlying concept The underlying concept will be referred to as a policy of subsid iary court jurisdiction The task to grant interim relief is in the first place allocated to the arbitral tribunal The court can only step in if the arbitrator has no power or is unable for the time being to act effectively. A court-subsid arity approach requires a conflict rule. It is for the conflict rule to determine the precond itions for court jurisdiction. It is in place to set the limits of court jurisdiction and can therefore also be referred to as limitation rule In English law it is the >effectiveness test= of section 44 (5) Arbitration Act 1996 Hereafter all provisions without further reference are those of the Arbitration Act 1996) Access to the court The central provision in the Arbitration Act 1996 is section 44. It is about >court powers exercisable port of arbitral proceed ings= Further relevant provisions are section 105 in connection with >The High Court and County Courts(Allocation of Arbitration Proceedings)Order 1996=, which determines that the High Court has general jurisdiction to grant interim measures of protection under section 44, although the Central london County Court may have limited jurisdiction in small cases under certain circumstances. Section 2 subsection 3(b) extends the courts jurisdiction. If the seat of the arbitration is overseas or has not been designated or determined, the court has discretion to grant interim relief under section 44. The court=s decision will be guided by whether or not it would be appropriate to do so. Therefore the provision restates the principle as developed in the Channel Tunnel case. The Arbitration Act 1996 further provides for legal definitions of terms used in section 44.A comprehensive list of minor definitions is set out in section 82. Section 83 indexes all defined expressions in a user-friendly manner. Order 73 of the Rules of the Supreme Court(rsC) has been newly drafted and renamed >Applications Relating to Arbitration= by the >Rules of the Supreme Court(Amendment)1996=(see Practice Note by Colman J., 1997, pp 379-380). RSC Ord. 73, rule 18(1) has special relevance for the interpretation of section 44 (3). RSC Ord. 73, rule 15(2)states that generally all arbitration applications shall be heard in chambers Section 44 has seven subsections. They lay out a sophisticated mechanism for the relationship between the court and the arbitral tribunal with regard to inte measures of protection. The large number of subsections is due to the detailed elaboration of the subsid arity approach. Section 44 does not specifically include a provision stating that seeking recourse to the court for interim relief does not constitute a waiver of the arbitration agreement but the very existence of the section can be regarded as such an intention1997, p. 1). The regime applies equally for domestic and international arbitrations (see Collins, 1997, pp. 96-97). 4.1.2 Survey of the solutions for the issues 4.1.2.1 The relationship between court-ordered interim relief and arbitration Underlying concept The underlying concept will be referred to as a policy of subsidiary court jurisdiction. The task to grant interim relief is in the first place allocated to the arbitral tribunal. The court can only step in if the arbitrator has no power or is unable for the time being to act effectively. A court-subsidiarity approach requires a conflict rule. It is for the conflict rule to determine the preconditions for court jurisdiction. It is in place to set the limits of court jurisdiction and can therefore also be referred to as limitation rule. In English law it is the >effectiveness test= of section 44 (5) Arbitration Act 1996 (hereafter all provisions without further reference are those of the Arbitration Act 1996). Access to the court The central provision in the Arbitration Act 1996 is section 44. It is about >court powers exercisable in support of arbitral proceedings=. Further relevant provisions are section 105 in connection with >The High Court and County Courts (Allocation of Arbitration Proceedings) Order 1996=, which determines that the High Court has general jurisdiction to grant interim measures of protection under section 44, although the Central London County Court may have limited jurisdiction in small cases under certain circumstances. Section 2 subsection 3 (b) extends the courts jurisdiction. If the seat of the arbitration is overseas or has not been designated or determined, the court has discretion to grant interim relief under section 44. The court=s decision will be guided by whether or not it would be appropriate to do so. Therefore the provision restates the principle as developed in the Channel Tunnel case. The Arbitration Act 1996 further provides for legal definitions of terms used in section 44. A comprehensive list of minor definitions is set out in section 82. Section 83 indexes all defined expressions in a user-friendly manner. Order 73 of the Rules of the Supreme Court (RSC) has been newly drafted and renamed >Applications Relating to Arbitration= by the >Rules of the Supreme Court (Amendment) 1996= (see Practice Note by Colman J., 1997, pp. 379-380). RSC Ord. 73, rule 18 (1) has special relevance for the interpretation of section 44 (3). RSC Ord. 73, rule 15 (2) states that generally all arbitration applications shall be heard in chambers. Section 44 has seven subsections. They lay out a sophisticated mechanism for the relationship between the court and the arbitral tribunal with regard to interim measures of protection. The large number of subsections is due to the detailed elaboration of the subsidiarity approach. Section 44 does not specifically include a provision stating that seeking recourse to the court for interim relief does not constitute a waiver of the arbitration agreement. But the very existence of the section can be regarded as such an intention