10@12 Webinar: Arbitrating corporate disputes: The Arbitration Act 2025 and other recent developments
6th March 2026 1200
Most corporate disputes are capable of arbitration.
In March 2021 the Law Commission was asked to review the Arbitration Act 1996. It recommended some particular changes, which were made with effect on 1st August 2025 by the Arbitration Act 2025.
This webinar will consider two important features that weren’t changed, some that were and some other recent developments. It should be of interest to disputes lawyers and to advisory lawyers, particularly those operating in the corporate field.
10 points to be covered:
(A) Introduction
1. Corporate disputes mostly capable of arbitration:
For the strong presumption in favour of arbitrability see, recently, Family Mart China v Ting Chuan [2023] UKPC 33
2. Arbitration Act 2025:
Law Commission asked to conduct a review of the Arbitration Act 1996; final report and draft bill September 2023
The 2025 Act in force on 1st August 2025
(B) Two important areas where no change made
3. Confidentiality:
Various bases. No change in the 2025 Act
As to publication of the Court’s judgment in an arbitration claim, see Mordchai Ganz v Petronz FZE [2024] EWHC 1011
4. Limited right to appeal:
Section 69 of the 1996 Act. Again, no change in the 2025 Act
(C) One procedural change made
5. New express power to make awards on a summary basis:
Section 39A of the 1996 Act, inserted by the 2025 Act
(D) Arbitrator impartiality and disclosure
6. Impartiality:
Sections 33(1)(a) and 24(1)(a) of the 1996 Act. No change in the 2025 Act
Halliburton Company v Chubb Bermuda [2020] UKSC 48
7. Disclosure:
Arbitrator’s legal duty to make disclosure of facts and circumstances which would or
might reasonably give rise to the appearance of bias, identified in Halliburton
That duty now recognised in Section 23A of the 1996 Act, inserted by the 2025 Act
8. Two cautionary tales:
Halliburton; Aiteo Eastern v Shell Western [2024] EWHC 1993
(E) Governing law of arbitration agreement
9. Principles:
Enka Insaat v OOO Insurance [2020] UKSC 38
Section 6A of the 1996 Act, inserted by the 2025 Act, effects some change
10. Recent illustration of significance of governing law:
UniCredit Bank v RusChem [2024] UKSC 30
