header-logo header-logo

Home Login E-newsletter About us
11 March 2022 / Shantanu Majumdar KC
Categories: Features , Procedure & practice , ADR , Arbitration
printer mail-detail

What difference does 25 years make? The Arbitration Act 1996 in 2022

© Copyright LexisNexis 2026. All Rights Reserved.
74297
Does the Arbitration Act require amendment? Shantanu Majumdar QC assesses what works and what could be improved
  • Reviews the practical operation of the Act, and looks at Law Commission proposals for amendment.

In late 2021, the Law Commission announced that it is to review the Arbitration Act 1996 (the Act). It is no coincidence that the Act came into force 25 years ago in January; on any view it is high time to consider how well it is now working.

It emerged from a long and complicated period which included a false legislative start. Perhaps the most important aspect of that history was the 1989 decision by the Mustill Committee to recommend that the 1985 UNCITRAL Model should not be adopted in England and Wales. The Model Law intended to promote the harmonisation of the laws applicable to international commercial arbitration and one reason for the committee’s rejection was that ‘the majority of trading nations, and more notably those to which international

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

Read All
Sponsored by
NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
Read All
NLJ this week: Sanctions ruling casts ‘wide net’ over global finance
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
NLJ this week: England’s courts cement status as fraud battleground
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
NLJ this week: Mazur ruling puts firms on supervision alert
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
NLJ this week: Landlords’ forced entry powers spark legal divide
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
NLJ this week: Push to scrap ‘vague’ public office misconduct law
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
Copyright © 2026 LexisNexis
back-to-top-scroll