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09 September 2016 / Tamara Goriely
Issue: 7713 / Categories: Features , Arbitration , ADR
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Arbitration in the spotlight

Should the Law Commission look at issues in arbitration law? Tamara Goriely outlines the 13th programme

Every three years, the Law Commission consults the public on which areas of law need reform, to inform our next programme of work. This year, we are seeking suggestions for our 13th programme, to start in 2017. In our “Call for Ideas” discussion paper we highlight arbitration as one potential area for further work, and are considering several discrete topics (see www.lawcom.gov.uk).

Trust disputes

One possible change would be to allow for the arbitration of trust disputes. While some trust disputes may be suitable for arbitration, it seems that at present those who create trusts cannot require trustees and beneficiaries to use arbitration, rather than litigation, to resolve their differences. Furthermore, although two or more people of full capacity can enter into a valid stand-alone arbitration agreement to settle a trust dispute, any award will not bind other interested parties.

Should the Law Commission consider potential reforms to develop the law in this area,

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MOVERS & SHAKERS

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

NEWS
SRM Recruitment has been announced as the headline sponsor of the Law Society RFC Festival of Sport 2026, which will take place on 20 September at Richmond Athletic Association. The specialist legal search firm joins the event as organisers prepare to welcome more than 110 teams across five sports, including rugby sevens, netball and five-a-side football
The civil justice landscape could be heading for a shake-up, with reform of the Solicitors Act 1974 gathering pace
Global mobility is transforming family law, creating new challenges around jurisdiction, assets and child arrangements
A series of procedural developments could have significant practical consequences for litigators. Writing in NLJ this week, columnist Stephen Gold highlights important updates ranging from digital court reforms to family procedure and admissions of liability
As family structures evolve, the law may face difficult questions about inheritance rights for those in polyamorous relationships
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