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24 November 2023 / Chris Ward , Clare Arthurs
Issue: 8050 / Categories: Features , Procedure & practice , Arbitration , Profession
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The Arbitration Act: If it ain’t broke…

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Chris Ward & Clare Arthurs survey (& commend) the Law Commission’s proposals for arbitration reform
  • Focused and practical reforms to the Arbitration Act have been proposed by the Law Commission.
  • The proposals are measured and do not attempt to fix something that isn’t broken.

In 1989, the chair of the Departmental Advisory Committee on Arbitration Law, Lord Justice Mustill, as he then was, recommended that the UK should not adopt the UNCITRAL Model Law on International Commercial Arbitration 1985. Rather, there should be a new and improved Arbitration Act, which would not simply be a classic exercise in consolidation.

Described by the late Lord Mustill as a ‘complete spring clean’ of English arbitration law, the Arbitration Act 1996 (the Act) is considered by many practitioners to represent the gold standard in lex arbitri, and the statistics do not dissent. English law is the governing law of choice in 40% of all global corporate arbitrations. A quarter of the Commercial Court’s cases are arbitration cases.

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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