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24 November 2023
Issue: 8050 / Categories: Legal News , Arbitration
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NLJ this week: Too much, too little, or are the arbitration reform proposals just right?

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The Arbitration Act is 25 years old and in line for reform courtesy of proposals put forward by the Law Commission, but are they needed? Is anything missing? Do they go too far? 

In this week’s NLJ, Chris Ward, knowledge lawyer, and Clare Arthurs, partner, Penningtons Manches Cooper, assess the proposals for reform in turn and deliver their verdict on each.

Ward and Arthurs cover the doctrine of separability, arbitrator disclosure, summary disposal, exercise of court powers against third parties, and more. On jurisdiction challenges, they write that the draft bill proposes that, in the absence of an express choice, the law applicable to the arbitration agreement will be the law of the seat. As a pro-arbitration venue ascribing to the principle of separability, the UK would be, more than ever, a one-stop shop for commercial adjudication.’

Throughout their assessment, they keep in mind the maxim, ‘if it ain’t broke, don’t fix it’. 

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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