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Amending the Arbitration Act: A Short Additional Wishlist for the Optimistic

Paper number

John Tackaberry KC

March 2023

A paper based on a presentation to the Society of Construction Law on 5th April 2022 at the Memorial Talk for John Sims and Ray Turner, founding members of the Society. 

This paper is a companion paper to Rowan Planterose’s paper, which was delivered at the same event. In this paper John Tackaberry KC considers two items being considered by the Law Commission: confidentiality and transparency; and the domestic arbitration provisions at sections 85–87 of the Arbitration Act 1996. In looking at confidentiality the author considers that the changes will not go as far as they should. He brings in two other areas where the decision may be seen to be relevant: the role of software programmes and AI in dispute resolution; and adjudication.

Confidentiality and transparency – Artificial intelligence and software programmes – Domestic arbitration – Adjudication – Conclusion

The author: John Tackaberry KC is a barrister practising from 39 Essex Chambers and was the founding president of the Society of Construction Law.

Text: 12 pages