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Arbitration Act 1996: staying ‘best in class’

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31 March 2023 / Jon Felce , Mikhail Vishnyakov
Issue: 8019 / Categories: Features , Procedure & practice , Arbitration , ADR
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Jon Felce and Mikhail Vishnyakov discuss proposed changes to the Arbitration Act 1996
  • Sets out and discusses five key proposed reforms to Law Commission proposals for changes to the Arbitration Act 1996.
  • Outlines some proposed minor proposals, as well as the areas where no change is proposed.

The Law Commission is reviewing the Arbitration Act 1996 (AA 1996) for changes that may be needed to maintain its reputation for being ‘best in class’.

The provisional amendments (published in late 2022) aim to reflect the trends that have evolved in international arbitration, and potential improvements that have been identified to certain provisions of AA 1996, since its enactment more than 25 years ago.

As outlined in this article, the proposals are limited and carefully targeted. This suggests that, post-reform, many stakeholders will continue to regard AA 1996 highly. The consultation closed in December 2022 and the Law Commission aims to publish its final recommendations by mid-2023. Five key provisional proposals are set out below.

Summary determination

The

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