header-logo header-logo

Arbitration reforms announced

06 September 2023
Issue: 8039 / Categories: Legal News , Arbitration , ADR
printer mail-detail
The Law Commission has recommended a series of reforms to the Arbitration Act 1996, including extending immunity so that arbitrators are protected from liability when they resign or are removed.

The commission, which published its final recommendations and draft legislation this week following an 18-month review, said strengthened immunity would support the arbitrator to make robust and impartial decisions without the fear of being sued.

Other recommendations include codifying the law on arbitrators’ duty to disclose conflicts of interest while retaining current duties on impartiality. The commission suggested arbitrators be able to summarily dismiss legal claims that lack merit. It recommended clarifying the power of the courts to support arbitration proceedings and emergency arbitrators, as well as improvements to the framework for challenging jurisdiction.

In terms of disputes between parties over the governing law that should apply, the commission recommended a default rule in favour of the law of the seat. The commission said this would ‘have the virtues of simplicity and certainty’ and ‘would see more arbitration agreements governed by the law of England and Wales, when those arbitrations are also seated here’.

Overall, however, the commission concluded the central tenets of the Act continue to function well. It considered whether to introduce provisions on confidentiality, but decided there was no need for reform as the law is working well.

Law commissioner Professor Sarah Green said: ‘With these improvements, we hope that the Act provides a modern and effective legislative framework for many years to come, enabling arbitration to continue playing a significant role in the UK economy.’

Nick Vineall KC, chair of the Bar Council, expressed support for the proposals and welcomed the commission’s ‘characteristically careful and balanced review’.

Vineall said: ‘It is extremely important that the government finds parliamentary time for the short Bill which the Law Commission proposes.

‘London has a well-deserved reputation as the foremost centre for international arbitration. It is important to legislate to make the modest changes to the arbitration regime which the Law Commission has recommended in order to maintain and enhance that reputation.’

Justice minister Lord Bellamy said the government would respond shortly to the recommendations.

Issue: 8039 / Categories: Legal News , Arbitration , ADR
printer mail-details

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
Professor Dominic Regan of City Law School highlights a turbulent end to 2025 in the civil courts, from the looming appeal in Mazur to judicial frustration with ever-expanding bundles, in his final NLJ 'The insider' column of the year
Antonia Glover of Quinn Emanuel outlines sweeping transparency reforms following the work of the Transparency and Open Justice Board in this week's NLJ
back-to-top-scroll