Arbitration Bill [HL]

Key Points

• Clause 11 tightens procedures around objections and new evidence, with rules about how such issues can be raised and how the court’s powers should apply in the interests of justice (including that written evidence is covered).
• It preserves and clarifies the role of courts and court rules, ensuring that the general power to make rules of court remains intact and not limited by the arbitration provisions in Clause 11.
• Clause 1 amendments by Lord Bellamy remove words considered unnecessary, to reduce confusion without changing the overall effect of the provision.
• An added overarching principle (proposed from Lord Mendelsohn) would require arbitral tribunals to limit their decisions to matters suitable for arbitration and not issue orders on non-arbitral issues.
• Clause 15 stands part is opposed by a Crossbench peer, indicating ongoing disagreement about the content and direction of that provision.

Progress

The bill is in the Lords, currently in the Lords Special Public Bill Committee stage after completing its first and second readings. Amendments are being considered as part of committee scrutiny.