Consequential Amendments Schedule 4. Repeals About the book This book is an essential resource for any legal practitioner involved in any aspect of English arbitration law. It provides a thorough annotation of the Arbitration Act 1996, and contains comprehensive explanations of developments in the ...
Schedule 3 Consequential amendments. Schedule 4 Repeals. An Act to restate and improve the law relating to arbitration pursuant to an arbitration agreement; to make other provision relating to arbitration and arbitration awards; and for connected purposes. [17th June 1996] Be it enacted by the ...
Two recent decisions of the English High Court have shed welcome light on the applicability and operation ofsection 67of theArbitration Act 1996(AA 1996), which permits a party to apply to the court to challenge the substantive jurisdiction of anarbitral tribunal. Republic of Sierra...
or that the Law Commission determines that no amendments to the Act’s existing provisions are required in relation to certain of these issues. However, the Law Commission’s decision to revisit the Act confirms that the United Kingdom wishes to remain a pro-...
First, the passage of the Bill through Parliament is likely to be faster if there are no substantive amendments proposed to it. Some comfort that objections will be minimized can be taken in the extensive consultation period that fed into the final report and proposals. One point for debate ma...
But the report is actually most notable for the fact that so few amendments are required – and those that are required are either changes to clarify the existing position or to tweak it. As such, it is a powerful statement that the Arbitration Act, 27 years on, remains fit for purpose....
Regarding the first question, the Law Commission suggests that the court can already make orders against third parties under section 44 but seeks views on whether this needs to be made explicit. Additionally, the Law Commission proposes two amendments to section 44 regarding decisio...
In September 2023, the Law Commission published a Final Report and draft Bill for amendments to theArbitration Act 1996(UK). The draft Bill included an amendment to the Arbitration Act to insert a default rule that, absent express agreement otherwise, the arbitration agreement is governed by the...
“By codifying the law applicable to arbitration agreements, the amendments eliminate any ambiguity on the subject, balance party autonomy with legal certainty and encourage parties to explicitly specify the governing law if they prefer not to rely on the default rule,” she said. Sarah Sackman KC...
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