Recent developments have impacted the much-anticipated update to the English Arbitration Act 1996. Proposed reforms, developed by the Law Commission and through a consultation process, marked the first significant changes to the Act since its inception. However, Prime Minister Rishi Sunak’s unexpected decision to call a general election in July 2024 has halted all current parliamentary business, including the passage of the bill to reform the Act.
arbitration case law
UK Arbitration H1 2020: 6 Months and 6 Key Messages from the English Courts, Part 2
With an uptick in commercial wrangles expected as a result of measures taken to combat Covid-19, England is not alone in seeking to provide a welcoming jurisdiction to deal with such disputes.
We identified 6 key developments in arbitration case law in England from the last 6 months. In Part 1 of the two-part post, we explained how:
1. The English Court will determine the applicable law to an arbitration agreement and hold parties to their bargain by enforcing such arbitration agreements …
2. …But only where clearly drafted. The Courts will not save a party from competing clauses.
3. The English Court limits when a non-party can rely on arbitration agreements.
UK Arbitration H1 2020: 6 Months and 6 Key Messages from the English Courts, Part 1
With an uptick in commercial wrangles expected as a result of measures taken to combat Covid-19, England is not alone in seeking to provide a welcoming jurisdiction to deal with such disputes.
In this two-part post, we pick out 6 key developments in arbitration case law in England over the last 6 months to reveal the takeaways for parties considering their dispute resolution options, whether at the contracting stage or with a potential claim in mind.