30 Nisan 2024 EMERGENCY ARBITRATION IN THE ENGLISH ARBITRATION BILL: A LEAP FORWARD?
Following the recommendations of the Law Commission of the UK (here, here and here), the English Arbitration Act 1996 (EAA) is presently undergoing a substantial reform phase after nearly 27 years. The Arbitration Bill is now before the House of Lords. As appears from the Arbitration Bill and the Commission’s recommendations, the English arbitration law is going to expressly address the aspect of enforcement of the decision issued by an emergency arbitrator for the first time. The Arbitration Bill brings about some major clarifications in this area. With express provisions dealing with emergency arbitration, the amendment is acknowledging explicit recognition given to this notion by the arbitration laws of Singapore and Hong Kong. This post argues that the Arbitration Bill has adopted a progressive approach in dealing with emergency arbitration. The proposed English statutory model is different to those of the other pro-arbitration jurisdictions. The proposal has also demonstrated that adopting a legislative framework may be the best option to ensure effective enforcement of the emergency measure. This post will discuss the recommended changes and the implications of Gerald Metals SA v Timis before comparatively scrutinising the amendment proposal in the light of related statutory provisions in other arbitration-friendly countries.
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