Arbitration Bill [HL]: HL Bill 1 of 2024–25
Arbitration is a form of dispute resolution that enables two or more parties to resolve a disagreement privately through a third party instead of going to court. The Arbitration Bill [HL] would amend the Arbitration Act 1996, the principal legislation governing arbitrations in England and Wales and in Northern Ireland. The changes provided for in the bill would implement recommendations from the Law Commission following consultation with the sector.
The House of Lords is scheduled to consider the Arbitration Bill [HL] at second reading on 30 July 2024. The government has published explanatory notes and a delegated powers memorandum to accompany the bill. It has also published an impact assessment, a human rights memorandum and a factsheet setting out more detail on the bill’s aims and expected impact.
The Arbitration Act 1996 regulates arbitration in England and Wales and in Northern Ireland. The bill would amend the act as it applies in England and Wales—and in Northern Ireland subject to devolved consent—following recommendations by the Law Commission. The previous Conservative government agreed with all of the Law Commission’s recommendations and the bill would bring these into effect.
Law Commission bills may be subject to special procedures in the House of Lords, including being committed to a second reading committee and a special public bill committee for further scrutiny. An earlier version of the bill introduced in the 2023–24 session was subject to such procedures. It received cross-party support and was welcomed by practitioners during these earlier scrutiny stages. The new Labour government has reintroduced the bill as amended by a special public bill committee appointed to consider the bill, together with one additional change.