Abstract

The Law Commission of England and Wales is in the midst of evaluating the English Arbitration Act 1996. After receiving feedback from over one hundred consultees with respect to its first consultation paper on the subject, the Commission released a second consultation paper on 27 March 2023. In contrast to the broad scope of the first paper, the second paper focuses only on three reforms. The first proposal-a codified departure from the UK Supreme Court's 2020 Enka v. Chubb decision-had initially been dismissed by the Commission as unnecessary to even review, but was added to the ...