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Arbitration Act 1996: controversial challenges and (r)evolutionary reform

Statistics from the Commercial Court Report 2021-22, published in March 2023 (the report), demonstrate that the court is maintaining its non-interventionist approach in relation to challenges to arbitral awards, highlighting that these challenges should not be undertaken lightly. Reforms to the Arbitration Act 1996 (1996 Act) that were proposed by the Law Commission (the Commission) in its consultation published on 27 March 2023 (the consultation) also follow this non-interventionist approach, and are likely to have a positive overall effect on arbitration and on England’s popularity as an arbitral seat. In addition to endeavouring to achieve more certainty in the arbitration process, the proposed reforms also seek to increase diversity and prevent discrimination in the appointment of arbitrators.

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This article first appeared in the July 2023 issue of PLC Magazine: https://uk.practicallaw.thomsonreuters.com/Browse/Home/Resources/PLCMagazine

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