16 Oct 2023
In 2022, Ciarb represented members’ views through a number of UK consultation responses, all of which have significance in the international context of dispute resolution.
We thank our members for providing their invaluable input to inform our submissions.
Since submitting our responses, the UK Government has made announcements following the consultations. Here is a summary of the progress to date:
The Arbitration Act 1996
Ciarb’s responses to the UK Law Commission’s two consultations on the review of the Act were informed by a specially formed working group. We also held a free public consultation event with the Law Commission to enable members and others to discuss the preliminary findings of the consultation.
We welcomed the final report, published in September 2023, which incorporated most of our specific recommendations to ensure this strong and valued Act remains current.
The Law Commission’s final report was accompanied by a draft Bill containing proposed amendments to effect the recommendations.
Automatic Referral to Mediation
We submitted our response in October 2022 to the UK Government’s consultation on its proposals to increase the use of mediation in the civil justice system.
In July 2023, the UK Government announced that small claims in the County Court under the standard Part 7 procedure of the Civil Procedure Rules will be referred to the HMCTS Small Claims Mediation Service.
Ciarb supports efforts to promote and integrate mediation into the civil justice system We also encourage measures to ensure high quality, accessible information and guidance is provided to all parties.
Singapore Convention on Mediation
This consultation asked, amongst other questions, if it is the right time for the UK to join the Singapore Convention on Mediation.
Ciarb has been a long-term supporter of the adoption of the Convention. Our consultation response, informed by several experienced experts, advocated for the UK to join.
We were delighted that, in May 2023, the UK Government signed the Singapore Convention.
For more information on how Ciarb represents its members, read the Annual Report 2022.
Attention all Ciarb members: Please note that the Ciarb Membership Survey is now live. The survey is conducted on our behalf by Research by Design, an independent market research consultancy. Look out for your invitation to participate. Thank you for taking part and helping to shape your Ciarb.
29 Nov 2023Joint intervention success as Churchill judgment allows the courts to order parties to mediate
In a significant moment for mediation, the highly anticipated Churchill judgment overturns the decision in Halsey, confirming it is not a breach of human rights to integrate mediation into the court process and, where appropriate, to order parties to mediate. CMC, Ciarb and CEDR joined forces to intervene in the case, arguing strongly for this outcome.
16 Nov 2023Ciarb intervenes twice during UNCITRAL WG III’s latest session
In a lively session focusing on the establishment of an advisory centre in international law and cross-cutting issues, Ciarb intervened twice on behalf of members.
14 Nov 2023Payments for construction contracts and statutory adjudication around the globe
Janey L. Milligan LLM FCIArb FRICS compares construction payment and adjudication legislation in the UK, Singapore and Ontario, Canada.