The Arbitration Act 1996 governs the legal interpretation of arbitration agreements.

Section 17 Commencement and transitional provisions The Arbitration Act 2025 (the AA 2025) is not a stand alone piece of legislation but rather it amends the existing Arbitration Act 1996. Section 17(2) provides that the operative parts of the AA 2025 (Sections 1—15) ‘comes into force on such a day as the Secretary of Sate may by regulations appoint.’. Section 17(2) provides: ‘The Secretary of State may by regulations make transitional

This Practice Note sets out section 6 from the Arbitration Act 1996 together with the new section 6A introduced by the Arbitration Act 2025. It also provides links to commentary explaining the changes. Section 6 of the 1996 Act Section 6 of the 1996 Act reads as follows: ‘The arbitration agreement 6 Definition of arbitration agreement (1) In this Part an “arbitration agreement” means an agreement to submit to arbitration present or future disputes (whether they are contractual or not). (2) The reference in an agreement to a written form of arbitration clause or to a document containing an arbitration clause constitutes an arbitration agreement if the reference is such as to make that clause part of the agreement.’ New section 6A inserted by 2025 Act Section 6A is an additional section inserted into the

This Practice Note sets out section 23 from the Arbitration Act 1996 together with a new section 23A introduced by the Arbitration Act 2025. It also provides links to commentary explaining the changes. The Arbitration Act 2025 received Royal Assent on 25 February 2025. For the in-force date, see Practice Note: Arbitration Act 2025 commencement and transitional provisions Section 23 of the 1996 Act Section 23 of the 1996 Act reads as follows: ‘23 Revocation of arbitrator’s authority (1) The parties are free to agree in what circumstances the authority of an arbitrator may be revoked. (2) If or to the extent that there is no such agreement the following provisions apply. (3) The authority of an arbitrator may not be revoked except— (a) by the parties

This Practice Note sets out section 39 from the Arbitration Act 1996 together with a new section 39A introduced by the Arbitration Act 2025. The Arbitration Act 2025 received Royal Assent on 25 February 2025. For the in-force date, see Practice Note: Arbitration Act 2025 commencement and transitional provisions Section 39 of the 1996 Act Section 39 of the 1996 Act reads as follows: ‘39 Power to make provisional awards (1) The parties are free to agree that the tribunal shall have power to order on a provisional basis any relief which it would have power to grant in a final award. (2) This includes, for instance, making— (a) a provisional order for the payment of money or the disposition of property as between the parties, or (b) an order to make an

This Practice Note sets out section 41 from the Arbitration Act 1996 together with the new section 41A introduced by the Arbitration Act 2025. It also provides links to commentary explaining the new section. The Arbitration Act 2025 received Royal Assent on 25 February 2025. For the in-force date, see Practice Note: Arbitration Act 2025 commencement and transitional provisions Section 41 of the 1996 Act Section 41 of the 1996 Act reads as follows: ‘41 Powers of tribunal in case of party’s default. (1) The parties are free to agree on the powers of the tribunal in case of a party’s failure to do something necessary for the proper and expeditious conduct of the arbitration. (2) Unless otherwise agreed by the parties, the following provisions apply. (3) If the tribunal is satisfied that there has been inordinate and inexcusable delay on the part of the claimant in pursuing his claim and that the delay— (a) gives rise, or is likely to give rise, to a substantial risk that it is not possible to have

This Practice Note sets out section 67 of the Arbitration Act 1996 together with the amendments to that section introduced by the Arbitration Act 2025. It also provides links to commentary explaining the changes. The Arbitration Act 2025 received Royal Assent on 25 February 2025. For the in-force date, see Practice Note: Arbitration Act 2025 commencement and transitional provisions Section 67 of the 1996 Act Section 67 of the 1996 Act reads as follows: ‘67 Challenging the award: substantive jurisdiction. (1) A party to arbitral proceedings may (upon notice to the other parties and to the tribunal) apply to the court— (a) challenging any award of the arbitral tribunal as to its substantive jurisdiction; or (b) for an order declaring an award made by the tribunal on the merits to be of no effect, in whole or in part, because the tribunal did not have substantive jurisdiction. A party may lose the right to object (see section 73) and the right to apply is subject to the

Arbitration analysis: Arbitration Appeal No.2 of 2024 concerned a farming partnership dispute and an appeal to the Outer House of the Court of Session challenging the decision of an arbitrator dated 14 June 2024 on the basis that there was a serious irregularity in the conduct of the arbitration under Rule 68 of the Scottish Arbitration Rules (as contained in Schedule 1 of the Arbitration (Scotland) Act 2010). The Outer House (Lord Sandison) dismissed the petition and confirmed the arbitrator’s award under Rule 68(3)(a) of the Scottish Arbitration Rules. In dismissing the petition, the Outer House reiterated the high hurdle to be overcome for a serious irregularity appeal against an arbitral award to succeed before the Scottish courts. The court also provided useful guidance on the role of pleadings and what issues should be considered as intrinsic to such disputes put before an arbitrator. The court also demonstrated a willingness to draw upon English authorities in its consideration of the construction and operation of Rule 68 of the Scottish Arbitration Rules. Written by Chris Stephen, advocate (Scotland) at Ampersand Advocates and barrister (England & Wales) at Three Stone Chambers.

The UK Parliament has published amendments for the Arbitration Bill to be moved in the Special Public Bill Committee, which will take place on 27 March 2024.

UK Parliament has announced that the Arbitration Bill will make no further progress due to the proroguing of Parliament on 24 May 2024. The Arbitration Bill did not make the wash-up period and therefore will fall. This means that the next government, if it wishes to pursue the Bill, will need to reintroduce the Bill and being the legislative process again.

The Arbitration Bill has passed Report Stage. In absence of any amendments to the bill put forward ahead of Report Stage, there were no changes to be considered, with the bill progressing directly to Third Reading. Third Reading is scheduled for 6 November 2024.

The Arbitration Bill has reached the Committee Stage in the House of Lords, scheduled for 11 September 2024. The Bill will undergo detailed line by line examination, and amendments may be agreed upon. Additionally, a marshalled list of amendments has been produced.