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Has the 1996 Act proven fit for purpose?
Twenty years on from the inception of the Act, the LSLC is leading a debate and has gathered the views of a number of senior members of the Bar on the practical and legal issues arising. In future seminars/debates, the Centre will seek the views of other practitioners and users of the Act.
Our distinguished panel, under the chairmanship of Lord Saville, will consider issues including:
• The degree of party autonomy when certain provisions of the Arbitration Act are made mandatory
• Disapplying Limitation Periods
• The Court’s powers to assist in relation to arbitration given the development of emergency arbitrator provisions in the rules of all the major arbitral institutions
• Conflicts of Law
• “Emergency arbitrators” – no provision in Act, does it matter ?
• Confidentiality – what, if anything, should be done?
• What is the proper approach to an application for a stay under s. 9? Determination of the issue or “prima facie” test?
• Section 57 – a trap for the unwary?
• Inappropriate re-hearings?
• Objections regarding improper/unfair conduct – practically nothing to gain and all to lose?”
• Too many appeals? Too few? Or about right?” -Should S.69 be amended and if so how?
• Security of costs and third party funding
These discussions will be divided into two sessions with Q&A following each topic.
Lord Saville of Newdigate
Sir Bernard Eder - Moderator
Ravi Aswani – Stone Chambers
Summing up: Louis Flannery – Stephenson Harwood
James Drake QC – 7 King’s Bench Walk
Summing up; Bruce Harris – LMAA Arbitrator
Note: 4.15pm - 8.00pm - Registration from 3.45pm
This event will be accredited for 3.5 CPD hours