header-logo header-logo

The Arbitration Act 1996: a reflection at 25 years

29 April 2022 / Valya Georgieva , Ravi Aswani
Issue: 7976 / Categories: Features , Procedure & practice , Arbitration
printer mail-detail
79660
Ravi Aswani & Valya Georgieva consider a quarter-century of the Arbitration Act 1996: where might it go from here?
  • The current arbitration landscape in England and Wales.
  • The Law Commission review of the Arbitration Act 1996 and areas for possible reforms.
  • Updates to the Commercial Court Guide aimed at deterring unmeritorious challenges to arbitral awards.

2022 marks 25 years since the commencement of the Arbitration Act 1996 (AA 1996) on 31 January 1997. The consensus is that this has been a very successful piece of legislation, consolidating key aspects of the then more fragmented legislation and case law governing arbitration in England and Wales, drawing inspiration from the UNCITRAL Model Law for certain provisions, and taking into account a range of other factors and interests in respect of other provisions.

The pace of legislative reform in a jurisdiction like England and Wales is relatively slow. After several years of rumours, the Law Commission on 30 November 2021 confirmed that it would indeed conduct

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

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

Gilson Gray—Jeremy Davy

Gilson Gray—Jeremy Davy

Partner appointed as head of residential conveyancing for England

DR Solicitors—Paul Edels

DR Solicitors—Paul Edels

Specialist firm enhances corporate healthcare practice with partner appointment

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll