The Law Commission Recommends Only Limited Reform Of The Arbitration Act 1996

The recently-elected UK government has indicated that it will continue the work started by its predecessor to revise the UK’s arbitration legislation.

In September 2023, we wrote about the Law Commission’s final report on its review of the Arbitration Act 1996 (the Act). The report recommends only limited amendments to the Act.

The full report and draft bill can be found at https:// www.lawcom.gov.uk/project/ review-of-the-arbitrationact-1996. In our view, the most significant proposals are:

The introduction of a new […]

By | January 3rd, 2025 ||

UK Government Introduces Arbitration Bill Into Parliament, Incorporating Law Commission’s Proposals For Reform

The UK government introduced the Arbitration Bill into UK Parliament on 21 November 2023, and it has already had its first reading. The bill incorporates all of the Law Commission’s recommendations for reform of the English Arbitration Act 1996 (see our October 2023 blog post summarising the main recommendations).

As stated in the bill’s factsheet:

‘The Arbitration Bill will modernise the law on arbitration in England, Wales, and Northern Ireland by updating the Arbitration Act 1996.

The Bill will clarify the […]

By | December 15th, 2023 ||

Canada: Emek Insaat Sti Ltd V European Union And The Fourth Arbitrator: The Limits Of The Arbitral Secretary’s Role

A recent decision from Belgium’s Cour de Cassation raises an interesting question about the extent to which arbitrators are permitted to delegate tasks to their secretaries – namely, at what point has a tribunal delegated too much responsibility? While this issue – aptly named as the “fourth arbitrator” problem – has received a great deal of scrutiny in international arbitration circles over recent years, it has received little discussion in Canada despite the increased use of […]

By | December 13th, 2023 ||