Law Commission Consultation – The Arbitration Act 1996

27 Oct 2022

In September 2022 the Law Commission of England and Wales published a consultation paper entitled “Review of the Arbitration Act 1996”.  The full consultation is available from the Law Commission website via this link:

The authors consider the possibility of changes to the Act and formulate 38 questions for consultation. Responses are invited by 15 December 2022.

Areas under consideration include:

  • Confidentiality
  • Independence of arbitrators and disclosure
  • Discrimination
  • Immunity of arbitrators
  • Summary disposal of issues which lack merit
  • Interim measures ordered by the court in support of arbitral proceedings
  • Jurisdictional challenges, and
  • Appeals on a point of law.

TECBAR has set up a committee to coordinate a response to the Paper. Any member who would like to provide a comment on the Law Commission’s proposals is encouraged to do so by contacting Ben Patten KC at