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27 September 2024 / Anna Riquetti , Tom Scanlon , Shai Wade
Issue: 8087 / Categories: Features , Procedure & practice , International , Arbitration
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Stop. Pause. Go! Re-evaluating the Arbitration Bill & why it's time replace the current Arbitration Act

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Anna Riquetti, Tom Scanlon & Shai Wade talk through the proposed amendments & why they hope to see a full replacement of the current Act
  • Analyses the proposed amendments to the Arbitration Bill currently going through Parliament and discusses the need for additional changes.

The English Arbitration Act 1996 (AA 1996) served well for nearly a quarter of a century. However, over time, a sense developed across the arbitration community that a fresh look at the Act was overdue and a Law Commission review, announced in November 2021, was widely welcomed.

Having concluded that there was no need for a ‘root and branch’ reform of English statutory arbitration law by introducing an entirely new Arbitration Act, the Law Commission recommended revisions and amendments to the Act in six main areas (see box).

You may recall that the recommendations were published in September 2023 and a new Bill was included in the King’s Speech later that year. Further progress was stymied

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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