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Stop. Pause. Go! Re-evaluating the Arbitration Bill & why it's time replace the current Arbitration Act

27 September 2024 / Anna Riquetti , Tom Scanlon , Shai Wade
Issue: 8087 / Categories: Features , Procedure & practice , International , Arbitration
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Anna Riquetti, Tom Scanlon & Shai Wade talk through the proposed amendments & why they hope to see a full replacement of the current Act
  • Analyses the proposed amendments to the Arbitration Bill currently going through Parliament and discusses the need for additional changes.

The English Arbitration Act 1996 (AA 1996) served well for nearly a quarter of a century. However, over time, a sense developed across the arbitration community that a fresh look at the Act was overdue and a Law Commission review, announced in November 2021, was widely welcomed.

Having concluded that there was no need for a ‘root and branch’ reform of English statutory arbitration law by introducing an entirely new Arbitration Act, the Law Commission recommended revisions and amendments to the Act in six main areas (see box).

You may recall that the recommendations were published in September 2023 and a new Bill was included in the King’s Speech later that year. Further progress was stymied

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MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

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DAC Beachcroft—Tim Barr

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Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Tech companies will be legally required to prevent material that encourages or assists serious self-harm appearing on their platforms, under Online Safety Act 2023 regulations due to come into force in the autumn
Commercial leasehold, the defence of insanity and ‘consent’ in the criminal law are among the next tranche of projects for the Law Commission
The Bar has a culture of ‘impunity’ and ‘collusive bystanding’ in which making a complaint is deemed career-ending due to a ‘cohort of untouchables’ at the top, Baroness Harriet Harman KC has found
Lawyers have broadly welcomed plans to electronically tag up to 22,000 more offenders, scrap most prison terms below a year and make prisoners ‘earn’ early release
David Lammy, Ellie Reeves and Baroness Levitt have taken up office at the Ministry of Justice, following the cabinet reshuffle
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