Search for:
Category

England and Wales

Category

A. LEGISLATION AND RULES A.1 Legislation In September 2022, the Law Commission published its long awaited Consultation Paper containing provisional law reform proposals aimed at ensuring the Arbitration Act 1996 (“Act”) remains “state of the art.” The Consultation Paper reports that the view from stakeholders is that the Act “works well” and that “root and branch reform is not needed or wanted.”[1] However, it proposes a number of amendments to the Act, the most noteworthy…

A. LEGISLATION AND RULES A.1 Legislation On 30 November 2021, the Law Commission announced that it will be conducting a review of the Arbitration Act 1996 (“Act”), which governs international arbitration in England and Wales.[1] The purpose of the Law Commission’s review is to ensure that the Act is “as clear, modern and efficient as possible,” in order to preserve the long-standing attractiveness of England and Wales as a forum for dispute resolution and the…

UNITED KINGDOM Judith Mulholland, Dogan Gultutan, Anna Storer, Joanna Lees and Teresa Ryan A. LEGISLATION AND RULES A.1       Legislation International arbitration in England and Wales[1] continues to be governed by the Arbitration Act 1996 (“Arbitration Act”). There have been no amendments to the Arbitration Act since those amendments made to reflect the consequential references to the Consumer Rights Act 2015. Discussions around potential reform of the Arbitration Act continue, however to date no suggested amendments…

Introduction The English Commercial Court, in its recent judgment in MVV Environment Devonport Ltd v NTO Shipping GMBH & CO KG (MV Nortrader) [2020] EWHC 1371 (Comm), set aside a final award on jurisdiction (pursuant to section 67 of the English Arbitration Act 1996), holding that the tribunal had erred in ruling that a party to the arbitration agreement had the requisite authority to enter into the said agreement as agent for another. Challenges against…