Arbitration

November 23rd, 2023 by James Goudie KC

An Arbitration Bill was introduced ( in the House of Lords ) on 21 November 2023. The Bill when enacted aims to give effect to Recommendations by the Law Commission to amend the Arbitration Act 1996 ( the 1996 Act ). The main provisions of the Bill are : (1) a new rule on the governing law of an Arbitration Agreement : Clause 1; (2) codification of an Arbitrator’s Duty of Disclosure; Clause 2; (3) strengthening of Arbitrator immunity around resignation and applications for removal : Clauses 3 & 4; (4) introduction of a power for Arbitrators to dispose summarily of issues which have no real prospect of success : Clause 7; (5) clarification of Court powers in support of emergency Arbitrators : Clause 8; (6) clarification of Court powers in respect of arbitral proceedings : Clause 9; and (7) a revised framework for jurisdiction  challenges under Section 67 of the 1996 Act : Clauses 10 & 11;

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