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Osborne Clarke

Law Reforms to Keep London an Arbitration Hot-spot

Law Reforms to Keep London an Arbitration Hot-spot

The Arbitration Act 1996 turned 25 in 2021. As an anniversary gift, in November of that year, the Law Commission of England and Wales announced that it would be reviewing it. It was a review that launched a thousand conference talks and webinars, as well as a huge gathering of views by the Commission. And finally, we have the outcome: the Commission's final report and a summary with its proposals for change.

However, this is very much evolution, not revolution. If adopted, the Commission's recommendations – set out below – would not radically change the Act, which many commentators agree has stood the test of time. That said, some key innovations are proposed, which, if implemented, should ensure that London remains one of the most popular arbitral seats worldwide.

In this course, we set out the Commission's recommended changes and examine the changes that would be most significant for arbitration users. We also look at areas in which the Commission chose not to recommend changes.

By the end of this course, you should be able to:

  1. Explain the role of Parliament in the enactment of legal recommendations
  2. Understand the relationship between Commission recommendations and parliamentary decisions
  3. Understand the potential impact of summary disposal on baseless claims in arbitration
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