The Arbitration Act 1996 (“Act”) is the principal legislation governing arbitration in England, Wales and Northern Ireland. In September 2022, on its 25th anniversary, the Law Commission reviewed the Act and published two Consultation Papers before submitting its Final Recommendations - with an accompanying draft Arbitration Bill - to the UK Government designed to modernise the UK’s arbitration framework and cement London’s reputation as a world-leading arbitral seat.
The original bill progressed through UK Parliament, but did not receive Royal Assent in time before Parliament was dissolved on 30 May 2024. However, the bill was re-introduced by the current Government in July 2024 and is now progressing through UK Parliament. The below Insights capture the developments relating to the reforms from the Law Commission consultation stage to present.
New Year, New Arbitration Act?
We shed light on the new changes featuring in the latest Arbitration Bill (sponsored by Lord Ponsonby of Shulbrede) since it was re-introduced by the Labour Government in July 2024, as well as amendments which were tabled during the process of Parliamentary scrutiny, but which were subsequently withdrawn. We also highlight next steps for the Bill.
BILL TO AMEND ARBITRATION ACT 1996 FAILS TO MAKE PRE-ELECTION WASH UP
A short update about how the UK Government’s decision to call a general election on 4 July 2024 has led to the loss of the original Arbitration Bill, sponsored by Lord Bellamy, which failed to receive Royal Assent during the wash-up period in May 2024.
Arbitration Act 2024 Update: Parliamentary approval is underway
Following the introduction of the Arbitration Bill into UK Parliament on 21 November 2023, we comment on the most significant changes for arbitral users (and why) and the importance of these reforms to London’s pre-eminent position in the arbitration market.
Law Commission’s Draft Arbitration Bill to Fine-Tune the Arbitration Act 1996: What Does it Look Like?
We explore and analyse the major changes proposed in the draft Arbitration Bill, prepared by the Law Commission. We also look at the minor proposed changes and changes which were considered but not recommended for reform.
Law Commission Proposes Seat of Arbitration as the Default Law of the Arbitration Agreement
The Arbitration Bill proposes a new statutory default rule that the arbitration agreement will be governed by the law of the seat, unless the parties expressly agree otherwise. We provide some preliminary observations on the implications of this proposal for parties with arbitration agreements with a multi-jurisdictional dimension.
The Law Commission's proposed reforms of the Arbitration Act 1996
We analyse and comment on six important topics arising from the Law Commission’s First Consultation Paper, namely: non-discrimination, arbitrators’ duties, summary disposal, emergency arbitration, section 44 and section 67.
