The UK Government has today confirmed that the Arbitration Act 2025 will come into force on 1 August 2025. The new Act will apply to arbitration proceedings commenced after the date of its entry into force (as well as to court proceedings brought in respect of arbitration proceedings commenced after that date).
This updated legislation aims to fine-tune the existing arbitration framework, ensuring that the UK remains a premier destination for commercial arbitration. The new Act is designed to enhance the efficiency, transparency, and fairness of arbitration proceedings.
The key reforms include:
- Codification of arbitrators' duty of disclosure
- Strengthening arbitrator immunity around resignation and removal
- Introduction of a power of summary disposal
- Improvements to the framework and procedure for challenges under section 67
- Introduction of a new default rule regarding the governing law of an arbitration agreement
- Clarification of the court's powers in support of arbitral proceedings and in support of emergency arbitrators
- Clarification as to when s32 of the Act (determination of a preliminary point of jurisdiction) will be available
More detail about these changes can be found in our previous blog post here.
The new Act is not expected to result in immediate or substantial changes to arbitral practice or procedure. However, parties may reassess their approach when considering a jurisdictional objection and also evaluate how they utilize tribunal powers of summary disposal. Although the Act codifies an existing duty of disclosure for arbitrators, it serves as a reminder for arbitrators to ensure that their disclosures are sufficient and appropriate.
Andrew Cannon, Global Co-Head of our International Arbitration Practice commented:
"The new Arbitration Act 2025 will take effect on 1 August, strengthening England & Wales' status as a leading centre for modern arbitration law and practice and reinforcing London's role as a top arbitration seat. We look forward to discussing these updates with clients."
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
