New consultation: Law Commission consults again on review of arbitration laws

The Law Commission review of arbitration law is aimed at ensuring it remains fit for purpose and continues to attract international commercial arbitrations to England and Wales.

This second consultation follows on from responses to a previous government consultation, and includes the following proposals:

• A proposed change to the rules for determining which law applies to an arbitration agreement (the ‘proper law’ rules) so that the proper law is the law of the seat, ie the place the parties select.
• Proposals for new rules where a party challenges an arbitrator's jurisdiction in court, that prevent them from putting new objections or evidence before the court that have not been put to the tribunal.
• Proposed changes to give greater recognition to the practice of appointing arbitrators who are of a different nationality from any of the parties. The consultation also asks whether there should be more rules to prevent discrimination when appointing arbitrators generally.

The consultation closes on 22 May 2023.

Operative date

• Now

Recommendation

• Businesses and other organisations involved in arbitration can view the second consultation on the Law Commission website.