The Commission said it aimed to maintain the attractiveness of England and Wales as a destination for dispute resolution and the pre-eminence of English law as a choice of law. In the past 25 years, rival jurisdictions have enacted more recent legislative reforms.
The scope of the review will be determined in the coming months but it could cover the courts’ powers in support of arbitration proceedings, the procedure for challenging a jurisdiction award and the availability of appeals on points of law. Other possibilities for review include the power to summarily dismiss unmeritorious claims or defences in arbitration proceedings, confidentiality and privacy in arbitration proceedings and electronic service of documents, electronic arbitration awards and virtual hearings.
The Commission also intends, as a separate project, to consider what scope there is for introducing trust law arbitration, alongside wider work on modernising trust law.
Commissioner Professor Sarah Green said: ‘The quality of the Arbitration Act 1996 has helped London become a leading seat for international arbitrations, however, there are some aspects of the Act which could be improved in light of modern arbitration practices.’
The Commission will launch the review during the first quarter of 2022 and aims to publish a consultation paper in late 2022.
Catherine Dixon, Director-General of the Chartered Institute of Arbitrators, said: ‘The 1996 Arbitration Act has played a pivotal role in making England, Wales and Northern Ireland a leading global centre for commercial arbitration.
‘While there are different views on whether amendments are required, 25 years on from its enactment, it is right that the legislation is reviewed to ensure the framework it provides remains effective, agile and responsive to the changing landscape of dispute resolution worldwide.’
