A "state of the art" Arbitration Act: the Law Commission's proposals

16 November 2022

The Law Commission has recently conducted a review of the Arbitration Act 1996 (the Act) and has now published a consultation paper, setting out provisional proposals for reform and seeking comments on those proposals.

In preparing the consultation paper, the Law Commission spoke with a wide range of stakeholders and received feedback that the Act “works well; root and branch reform is not needed or wanted.” Therefore, the Law Commission’s aim is to update the existing framework to ensure that it remains “state of the art”, rather than to recommend fundamental changes to the Act, and to complete the project in a short timeframe so as to limit disruption to the arbitration community.

Whilst modest in some respects, the proposed changes are important because they reflect developments in arbitration practice and procedure since the Act came into force in January 1997.

Read our commentary on the Law Commission’s main proposals.