Reform of the Arbitration Act 1996: Taking Stock on Applicable Law and Jurisdiction

Following the issuance by the Law Commission of England and Wales of its Final Report and Bill on the reform of the Arbitration Act 1996, and inclusion of the Bill in the King’s Speech on 7 November 2023, this seminar examines the Commission’s final proposals regarding the issues raised at Brick Court’s Annual Commercial Conference of October 2022. Chaired by Lord Phillips, Lord Hoffmann, Mr Justice Henshaw and Salim Moollan KC address (i) the acceptance by the Commission of the proposal made by members of Brick Court Chambers in June 2022 for a default legislative rule that the law applicable to the arbitration agreement should be the law of the seat; (ii) the Commission’s amended proposal relating to section 67 of the Act; and (iii) the missed opportunity to rationalise the avenues of challenge to jurisdiction under the Act.