11 Feb
Bill Reading
Arbitration Bill [Lords]

The Arbitration Bill was under careful scrutiny during its Committee reading in the House of Commons. The aim of this Bill is to streamline and modernize arbitration law in the UK as part of maintaining its position as a global leader in dispute resolution.

Key Elements:

  • Clause 1: Sets a new statutory rule for governing law of arbitration agreements, addressing complexities seen in the Enka v. Chubb case. This rule defaults to the law of the arbitration seat unless otherwise specified.
  • Clauses 2-4: Focus on arbitrator transparency and protections, echoing principles from Halliburton v. Chubb. Arbitrators must disclose potential impartiality issues, and clauses protect them from unjustified litigation barring bad faith.
  • Procedural Clauses (5-9): Streamline jurisdiction and procedure, introduce summary judgments in arbitration to enhance efficiency, and formalize the authority of emergency arbitrators.
  • Clause 10-13: Refine court intervention rules around jurisdiction challenges and make explicit corrections on rights of appeal.
Over 5,000 arbitrations annually

Indicative of the importance of arbitration to the UK economy.

Stakeholder Engagement: The Bill's drafting involved extensive stakeholder input, reflecting industry-wide support from legal experts and professional bodies.

£2.5 billion per year

Economic contribution of arbitrations in terms of fees, highlighting its financial significance.

Amendments and Adjustments: There have been precision amendments and acknowledgments of previous legislative intricacies, including correct drafting in clauses 13 and commits to future reviews of issues such as third-party funding.

Arbitration's Role: Emphasized as a critical alternative to court proceedings, supporting international business and commerce.

28-day rule clarification

Clause 12 ensures that challenges commence after any internal arbitral process is complete.

Outcome

The Bill was read for the third time and passed in the House of Commons, with cross-party support and recognition of its positive implications for the UK's legal framework and arbitration reputation.

Key Contributions

Madam Deputy SpeakerChair
Conservative

Reminded committee members of protocol regarding addressing the Chair.

Sir Nicholas DakinMP
Labour

Outlines key reforms in the Bill, emphasizing on law governing arbitration agreements, arbitrator duty of disclosure, arbitral tribunal jurisdiction, interim court powers, and addressing minor amendments to streamline processes.

Chris VinceMP
Labour

Inquired about stakeholder engagement and legal sector support.

Dr Kieran MullanMP
Conservative

Expressed support for arbitration framework improvements, emphasizing procedural enhancements and cautioned against misuse of confidential arbitration.

Josh BabarindeMP
Liberal Democrats

Supported the Bill, noted previous parliamentary input and specific amendments, and acknowledged the arbitration sector's economic impact.

Dr MullanMP
Conservative

Emphasized economic benefits of arbitration and collaborative parliamentary effort.

Original Transcript
The Second Deputy Chairman of Ways and Means
Caroline Nokes

With this it will be convenient to consider clauses 2 to 18 stand part. May I remind Members that in Committee, Members should not address the Chair as Deputy Speaker? Please use our names when addressing the Chair. Madam Chair, Chair, Madam Chairman or Mr Chairman are also acceptable.

Chris Vince
Harlow
Lab/Co-op
14:59

It is clear from what my hon. Friend is saying that the Bill is welcomed by the legal sector. What engagement has he had with the legal sector and relevant stakeholders?

Sir Nicholas Dakin

There has been massive engagement with parties interested in this Bill. The Bill began in the last Parliament, to which I am grateful for the work already done. It began in the Lords, who engaged fully with parties at that stage.

The Lords have had to restart the Bill in the new Parliament, so they have had two bites at the cherry, and all the feedback from stakeholders has been very positive. I thank my hon. Friend for drawing that out in this debate.

Josh Babarinde

I thank everyone to whom the Minister rightly gave recognition, particularly the behind-the-scenes officials whose work we do not often see, but without whom such landmark legislation would not be possible.

The Liberal Democrats welcome the Arbitration Bill, inasmuch as it represents a significant step forward in modernising and enhancing the arbitration process in the UK. With over 5,000 arbitrations a year in England and Wales, worth about £2.

5 billion a year to the economy in fees alone, arbitration has long been a critical alternative to traditional court proceedings, providing a more efficient, cost-effective and flexible way to resolve disputes.

One of the Bill’s key merits is its effort to streamline the arbitration process, which can be complex and protracted.

By introducing these clearer guidelines and enhancing the powers of arbitrators, the Bill will help us to secure quicker resolutions, reducing delays and backlogs in the justice system. This is crucial for businesses that seek fast and decisive outcomes to disputes.

Of course, arbitration is part of a wider family of alternative dispute resolutions that help to take pressure off our courts.

Recognising this, I pay tribute to legal professionals and firms in Eastbourne that work day in, day out, to facilitate many of these alternative dispute resolutions, including Heringtons, Cramp & Mullaney, Hart Reade, Gaby Hardwicke, Stephen Rimmer, SO Legal, Hobson & Latham, Mayo Wynne Baxter, Lawson Lewis Blakers, Cornfield Law, McCarthy Webb—whose services I have used—and many more.

We are pleased to support this Bill for the reasons that I and many other Members have discussed.

It will ultimately help to position the UK as an attractive destination for global arbitration, reinforcing its status as a leading centre for business and legal expertise, whether we are talking about the financial capital of the UK or the sunshine capital of the UK, Eastbourne, with its legal expertise, to which I have just alluded.

The Liberal Democrats are pleased to back this Bill, and I am proud to support it. Question put and agreed to. Bill accordingly read the Third time and passed.

Business of the House (Today) Ordered, That, at this day’s sitting— (a) notwithstanding the provisions of Standing Order No.

16 (Proceedings under an Act or on European Union documents), the Speaker shall put the Questions necessary to dispose of proceedings on the Motions in the name of Secretary Jonathan Reynolds relating to Terms and Conditions of Employment not later than two hours after the start of proceedings on the Motion for this Order; (b) the Speaker shall put the Questions necessary to dispose of proceedings on the Motion in the name of Lucy Powell relating to Scrutiny of European Statutory Instruments not later than one hour after the start of proceedings on that Motion; such Questions shall include the Questions on any Amendments selected by the Speaker which may then be moved; proceedings on these motions may continue, though opposed, until any hour, and may be entered upon after the moment of interruption; and Standing Order No.

41A (Deferred divisions) shall not apply.—(Anna Turley.

All content derived from official parliamentary records