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24 November 2023
Issue: 8050 / Categories: Legal News , Arbitration
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NLJ this week: Too much, too little, or are the arbitration reform proposals just right?

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The Arbitration Act is 25 years old and in line for reform courtesy of proposals put forward by the Law Commission, but are they needed? Is anything missing? Do they go too far? 

In this week’s NLJ, Chris Ward, knowledge lawyer, and Clare Arthurs, partner, Penningtons Manches Cooper, assess the proposals for reform in turn and deliver their verdict on each.

Ward and Arthurs cover the doctrine of separability, arbitrator disclosure, summary disposal, exercise of court powers against third parties, and more. On jurisdiction challenges, they write that the draft bill proposes that, in the absence of an express choice, the law applicable to the arbitration agreement will be the law of the seat. As a pro-arbitration venue ascribing to the principle of separability, the UK would be, more than ever, a one-stop shop for commercial adjudication.’

Throughout their assessment, they keep in mind the maxim, ‘if it ain’t broke, don’t fix it’. 

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
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