Law Commission Review

The Law Commission of England and Wales has today announced that it will conduct a review of the English Arbitration Act 1996, the principal legislation governing arbitrations in England, Wales and Northern Ireland, as part of its 14^th Programme of Law Reform. The Law Commission has stated that the review aims to ensure that the UK remains at the forefront of international dispute resolution, and that the over-arching aim will be to "maintain the attractiveness of England and Wales as a "destination" for dispute resolution and the pre-eminence of English law as a choice of law".

The Law Commission initially consulted on possible reform earlier this year, and received a number of submissions on areas of the Act that could be included, including a submission from Herbert Smith Freehills.  Although the scope of the review is yet to be determined, the Law Commission has stated that possible areas that will be included are:

• the power to summarily dismiss unmeritorious claims or defences in arbitration proceedings
• the courts’ powers exercisable in support of arbitration proceedings
• the procedure for challenging a jurisdiction award
• the availability of appeals on points of law
• the law concerning confidentiality and privacy in arbitration proceedings
• electronic service of documents, electronic arbitration awards, and virtual hearings.

The Law Commission also intends to consider the scope for introducing trust law arbitration, alongside wider work on modernising trust law. The Law Commission will launch the review during the first quarter of 2022 and aims to publish a consultation paper in 2022. Herbert Smith Freehills will continue its active engagement in the process.

For more information, please contact Paula Hodges QC, Craig Tevendale, Andrew Cannon, Vanessa Naish or Liz Kantor.