REFORMING THE ARBITRATION ACT

On 6 September 2023, the Law Commission published its final report on the proposed reform of the Arbitration Act 1996, together with a draft amendment Bill. Although the Law Commission emphasised that “root and branch reform is not needed or wanted“, the report nonetheless makes several significant recommendations for change and proposes other more minor amendments.

The Firm was one of the first to comment on the proposed changes, publishing our blog on the day the report launched.

On 20 September the firm hosted a panel event with the London Court of International Arbitration to discuss the practical implications of these proposed changes. The event was a unique opportunity for all users of international arbitration, including arbitrators, in-house counsel, practitioners and academics to explore the key issues in the company of esteemed speakers, across two panels, including:

• Nathan Tamblyn - Law Commission
• Dr. Jacomijn van Haersolte-van Hof - Director General, LCIA
• The Hon. Mrs Justice Cockerill DBE
• Paula Hodges KC - President, LCIA and Global Head of Arbitration, Herbert Smith Freehills
• Andrew Cannon – Global Deputy Co-Head (West), International Arbitration, Herbert Smith Freehills
• Clare Ambrose - Twenty Essex
• David Joseph KC - Essex Court Chambers
• Salim Moollan KC - Brick Court Chambers
• George Spalton KC – 4 New Square Chambers

One journalist at the event commented: "There are law firms. And then there is Herbert Smith Freehills. It is a testament to the strength of the firm's arbitration department, led by Paula Hodges KC and championed by Justin D'Agostino MH that an audience of expert arbitration lawyers braved a wet Wednesday in Liverpool Street to discuss the practical implications of reform to the Arbitration Act… the two sessions have been frank, informed, and helpful, made more so by trenchant judicial and arbitrator insight and comments, including those of the LCIA president herself."

Andrew Cannon, Global Co-Head of Public International Law and Deputy Co-Head of the Global Arbitration Practice commented: "We were delighted to welcome so many clients, friends and colleagues to Exchange House – despite the weather! It sent an excellent message to the arbitration community that we are at the centre of the debate on all these important issues."

If you would like to watch the panel discussion, or share with clients or contacts, a recording of the event is available online at the following links:

Panel 1 – discussing governing law, proposals for s44 and enforcement of emergency arbitrator orders and arbitrator disclosure (see video recording).

Panel 2 – discussing the topic of jurisdictional challenges under s67 and 32, summary dismissal, confidentiality and discrimination (see video recording).

Please do feel free to share this link with colleagues who may also be interested.

For any queries, please contact: Paula Hodges KC, Andrew Cannon, Craig Tevendale, Liz Kantor or Vanessa Naish.