13 Oct 2022
On Thursday 22 September 2022, the Law Commission published a consultation paper on the provisional law reform proposals for the Arbitration Act 1996 (the Act).
The Act provides the legal framework for arbitration in England, Wales and Northern Ireland and has been used to inform legislation in many jurisdictions around the world.
The proposals contained in the consultation, seek to modernise the legislation whilst maintaining high standards and a reliable framework for successful arbitrations. The Chartered Institute of Arbitrators (Ciarb) has made significant contributions to the review since it was launched last year. Following input from stakeholders, the Law Commission has made a provisional assessment that major reform is not necessary. However, there are specific areas that the Law Commission propose be examined in greater detail. These are:
Ciarb will continue to work closely with the Law Commission while it conducts this review. We encourage all interested members to submit their own responses to the consultation or liaise with their local Branch to respond collectively to the consultation.
The consultation closes on Thursday 15 December 2022.
Click here to view the summary of the consultation paper.
Catherine Dixon, Ciarb Director-General:
“The Arbitration Act 1996 has played a vital role in supporting the use of international commercial arbitration. We encourage and welcome arbitration legislation around the world being reviewed regularly to ensure it is serving the needs of parties and arbitrators. We therefore welcome the Law Commission’s proposals to review the Act.
Ciarb contributed to the Law Commission’s 14th Programme consultation last year and we are pleased that the consultation paper has now been published. As a leading professional body for dispute resolvers, we will continue to work closely with the Law Commission to ensure that this review is a successful one. We also encourage Ciarb members to respond to the consultation and will continue to provide opportunities for them to do so in the coming months.”
A Law Commission consultation session with Ciarb members is planned for 29 November 2022. Virtual attendance is free.
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