header-logo header-logo

06 September 2023
Issue: 8039 / Categories: Legal News , Arbitration , ADR
printer mail-detail

Arbitration reforms announced

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

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
back-to-top-scroll