The Arbitration Act 1996 (“Act”) was the principal legislation governing arbitration in England, Wales and Northern Ireland until 24 February 2025, when it was replaced by the Arbitration Act 2025 (the “2025 Act”). The 2025 Act makes a number of targeted improvements to the Act to ensure it provides a modern arbitration framework and ensures London remains a first-class arbitral seat. The reforms are not yet in force and we await regulations in the near future.
The 2025 Act is the result of a thorough and highly consultative process undertaken by the Law Commission to review the Act – which involved two Consultation Papers, plus a Final Report (with accompanying draft Arbitration Bill). We are proud to have contributed to the consultation and parliamentary process through our role on the City of London Law Society Arbitration Committee.
The below Insights (ordered newest to oldest) capture the developments relating to the reforms from the consultation stage to present (analysing the impact of the new law).
ARBITRATION ACT 2025 PART 1: FIVE MOST IMPACTFUL CHANGES FOR BUSINESSES
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2024, as well as amendments which were tabled during the process of Parliamentary scrutiny, but which were subsequently withdrawn.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.
