Five years On: A Review of the English Arbitration Act 1996

Citation

Yu H (2002) Five years On: A Review of the English Arbitration Act 1996. Journal of International Arbitration, 19 (3), pp. 209-225.

Abstract
Commercial arbitration has had a long history of development in England, Wales and Northern Ireland. Before the Arbitration Act 1996, commercial arbitration was governed by the English Arbitration Acts 1950, 1975 and 1979. With the intention to enhance the competitiveness of the arbitration industry in England and Wales, the Arbitration Act 1996 was introduced to sweep away Part I of the Arbitration Act 1950, the Arbitration Act 1975, the Arbitration Act 1979 and the Consumer Arbitration Agreement Act 1988. The Arbitration Act 1996 ("the Act") is a new beginning for the law and practice of arbitration in England, Wales and Northern Ireland. It was passed to restate and improve the law relating to arbitration pursuant to an arbitration agreement; to make other provisions relating to arbitration and arbitration awards; and for other purposes related to arbitration. The Act was passed on June 17, 1996 and most of the provisions were brought into force on January 31, 1997. The Act is praised for its comprehensiveness and for the coherent statement of the principles and practice of arbitration in England, Wales and Northern Ireland contained in a single modern Act, as well as for its logical sequence and plain language, which is easily understood by laymen. The spirit of party autonomy and judicial non-intervention are reflected throughout the Act. Five years on, this is a good opportunity to review how the English Arbitration Act 1996 corresponds with the concepts, such as party autonomy, arbitration agreement, arbitrators, choice of proper law and international enforcement of arbitral awards, applied in international commercial arbitration.

Journal
Journal of International Arbitration: Volume 19, Issue 3