The Arbitration Act 1996 – 20 years on – Views from the Bar

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.

Chair:Lord Saville of Newdigate
Panellists:Sir Bernard Eder - Moderator

Session One

Ravi Aswani – Stone Chambers
Nakul Dewan – 20 Essex Street
James Leabeater – 4 Pump Court
Duncan Matthews QC – 20 Essex Street
Sean O’Sullivan QC – 4 Pump Court
Alistair Schaff QC – 7 King’s Bench Walk

Summing up: Louis Flannery – Stephenson Harwood

Session Two

James Drake QC – 7 King’s Bench Walk
Brian Dye – Essex Court Chambers
Philippa Hopkins – Essex Court Chambers
Poonam Melwani QC – Quadrant Chambers
Simon Rainey QC – Quadrant Chambers
Rachel Toney – Stone Chambers

Summing up; Bruce Harris – LMAA Arbitrator
Venue:Stephenson Harwood
1 Finsbury Circus
Time:Note: 4.15pm - 8.00pm - Registration from 3.45pm
CPD Points:This event will be accredited for 3.5 CPD hours