header-logo header-logo

01 December 2021
Issue: 7959 / Categories: Legal News , ADR , Arbitration
printer mail-detail

Reforming the Arbitration Act?

The Law Commission is to launch a major review of the Arbitration Act 1996, the principal legislation governing arbitrations in England, Wales and Northern Ireland

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.’

Issue: 7959 / Categories: Legal News , ADR , Arbitration
printer mail-details

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll