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Amending the Arbitration Act: Will the Commission Grasp the Nettles?

Paper number

Rowan Planterose

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, and updated following the Law Commission’s Review. 

The Law Commission is currently consulting on its proposals to reform the Arbitration Act 1996 with its final report due in 2023. This paper sets out the background to the Arbitration Act, and looks at the ideas on the table and the relevant cases that have had an impact on those ideas. The areas of discussion include the removal of arbitrators (conflict of interest), immunity, arbitrators’ general powers in respect of procedural and evidential matters, arbitral proceedings, challenging awards and discrimination. The paper comments on the Law Commission’s current proposals. 

Section 24 – Removal of arbitrators (conflict of interest) – Section 29 – Immunity – Section 34 – Arbitrator’s general powers in respect of procedural and evidential matters – Sections 41–44 – Arbitral proceedings – Section 67 – Challenging the award – Other matters – Discrimination

The author: Rowan Planterose is a Chartered Arbitrator and the president of the Society of Construction Arbitrators.

Text: 9 pages