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ARTICLE · 03 OCTOBER 2023

1996 Arbitration Act Review: Law Commission Publishes Final Report

Cooley LLP
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The Law Commission has published its final report on its review of the Arbitration Act 1996. The review – which has been admirably thorough – began in March 2021 and has involved two consultations...

United KingdomLitigation, Mediation & Arbitration
Juan Nascimbene
Juan Nascimbene
Pia Pyrtek
Pia Pyrtek
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The Law Commission has published its final report on its review of the Arbitration Act 1996. The review – which has been admirably thorough – began in March 2021 and has involved two consultations (which we reported on in this October 2022 blog post and this May 2023 blog post).

The commission has set out its recommendations for reform, as well as reasons for abandoning certain proposals that were discussed in previous consultations. The report is accompanied by draft legislation, which is expected to be placed before Parliament before the next UK general election in 2025.

Recommendations for reform

1. Summary disposal of issues lacking merit

The commission has recommended granting arbitrators the power, subject to the agreement of the parties, to dismiss issues summarily upon the application of either party. Such an award may only be made where the tribunal considers that a party has 'no real prospect of succeeding' on that issue. The procedure to

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