The Arbitration Bill Introduced Into The UK House Of Lords

On July 18 2024, following the opening of Parliament, the Arbitration Bill (the "Bill") was introduced into the UK House of Lords. The Bill contains important provisions to modernize the Arbitration Act (1996). An earlier version of the Bill was introduced in November 2023 but fell upon dissolution of Parliament.

The Ministry of Justice consulted Baker Botts (UK) LLP on the modernization of the Arbitration Act, 1996 in April 2024, with respect to the law that governs the arbitration agreement. The team at Baker Botts provided commentary on the legal implications of the Bill's default rule on the law applicable to arbitration agreements in cases where the agreement is based on a treaty provision or on foreign legislation. The question of the applicable law to the arbitration agreement was the subject of debate in England and was recently addressed by Supreme Court in Enka v. Chubb [2020] UKSC 38. Our analysis of the decision in Enka v. Chubb is available here.