header-logo header-logo

08 August 2025 / Stephen Gold
Issue: 8128 / Categories: Features , Procedure & practice , CPR , Arbitration , Civil way
printer mail-detail

Civil way: 8 August 2025

New arbitration law in; October’s CPR treats; needs of a Sch 1 mum; CPR 187th update; covert recordings; good news for shy directors.

STATUTORY LOOK-IN FOR ARBS

The Arbitration Act 2025 was brought fully into force on 1 August 2025 by SI 2025/905 and applies to arbitration agreements whenever made, but not to arbitration proceedings and some arbitration-related court proceedings commenced before that date. It plays around with the Arbitration Act 1996 and, thanks to artificial intelligence, some more play will inevitably be required in due course. Stronger immunity for arbitrators. Unless otherwise agreed, the applicable law is to be the law of the seat of the arbitration. And here’s a skate round just some of the more interesting other measures:

‘How do we get rid of them?’ The arbitrator’s impartiality is handy, and so they are now subjected to a duty of disclosure when approached about a possible appointment and post appointment. That disclosure—to the person making the approach or the parties to proceedings—is

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll