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but it has some important differences, including the At the same time, recognizing some of the shortcomings and
following: problems of English arbitration, arbitration institutions will
The 1996 Act applies to all forms of arbitration, whereas improve their legal frameworks and expand the
the Model Law only applies to international commercial opportunities for parties to obtain interim measures of
arbitration; protection.
Under 1996 Act, a party may appeal an arbitral award on
a point of law (unless agreed otherwise); Apart from that, there has been some discussion as to
Under 1996 Act, an English court is only able to stay its whether Brexit will have any impact on the practice of
own proceedings and cannot refer a matter to arbitration in London. A 2018 survey carried out by the
arbitration; Queen Mary University of London determined, that more
The default provisions of the 1996 Act for the than half of the respondents, who took part in the survey,
appointment of arbitrators provide for the appointment think that Brexit will not have any affect to English
of a sole arbitrator as opposed to three arbitrators; arbitration [13]. They believe that its ‘formal legal structure’
Under 1996 Act, where each party is required to appoint is likely to remain unchanged and to continue to support
an arbitrator, a party may treat its party-nominated arbitration. The reasons for this, as noted by legal experts,
arbitrator as the sole arbitrator in the event that the are following:
other party fails to make an appointment; “First, the United Kingdom will remain a signatory to the
There is no time limit for a party to oppose the New York Convention and the pro-enforcement attitude
appointment of an arbitrator under the 1996 Act; of the courts will continue;
The 1996 Act does not prescribe strict rules for the Second, the legislation governing arbitration will remain
exchange of pleadings. unchanged as this is domestic rather that European;
Third, Brexit will not materially change the substantive
English courts demonstrate a pro-arbitration attitude by content and application of English law as a governing
defending and supporting the parties' agreement to arbitrate law should not remain a popular choice for parties in
their disputes. This support may include suspension of their international contracts;
proceedings in English when the case is to be submitted to Fourth, Brexit may make arbitration more attractive for
arbitration (Section 9), or temporary proceedings in support commercial parties as court judgments will no longer be
of arbitration by suspension of proceedings or injunction enforceable under the Brussels Regulation (recast),
(Section 44). Regulation 1215/2012 after Brexit is completed;
Fifth, Brexit may mean that English courts can issue anti-
The 1996 law expressly requires that the settlement of suit injunctions to restrain parties from bringing
arbitration disputes be fair and uninterrupted (Section 1) proceedings before courts of a European Member State.
and that the arbitrator be impartial (Section 33). Based on Sixth, the UK’s obligations under EU law may sometimes
the authority granted to the court to remove the arbitrator conflict with its obligations under arbitration-related
(Section 24), the arbitrator must also have the qualifications treaties (such as the Washington Convention) but this
required by the arbitration agreement and be physically and will no longer be the case” [3].
mentally capable of conducting the proceedings.
From the above, we can conclude that arbitration in England
It is also worth noting that, the 1996 Act cannot have any will remain in its high position among other arbitrations in
relations to cases, that were initiated prior to the date on the world for many years to come and will continue its
which the 1996 Act came into force. Therefore, the overall dynamic growth in attracting more and more international
impact of the new Act may take some time to bring to the disputes around the world.
attention of those who use English arbitration.
Bibliography:
Conclusion [1] Arbitration Act 1996
This study has shown that, international commercial (https://www.legislation.gov.uk/ukpga/1996/23/co
arbitration in England has long been part of the system of ntents).
foreign trade, having established itself as a reliable place for [2] Berard M., Kirkpatrick A. Arbitration procedures and
resolving disputes complicated by foreign elements. Having
practice in the UK (England and Wales): overview,
incorporated a high level of support for the arbitration
procedure, it has become really flexible and efficient thanks Clifford Chance LLP, 2015-2016.
to its laws and courts that are very respectful of arbitration [3] ICLG – International Arbitration Laws and
and guarantee minimal involvement in arbitration Regulations: England & Wales, 2019.
proceedings, as well as many experienced arbitrators and [4]
lawyers based in London or in neighboring European JonesA, McAllisterG., NormanE., LairdJ. Getting the
Deal Through – Arbitration 2017: England & Wales,
jurisdictions.
Crowell & Moring LLP, 2017, 125-137 p.

In addition, a competent international lawyer will be able to [5] KejlinA. D. Sudoustrojstvo i grazhdanskij process
choose an arbitration clause that corresponds to any kapitalisticheskihgosudarstv, Vneshtorgizdat,
contract, from multi-billion-dollar investments to the Moscow, 1961, 15 p.
delivery of a small batch of inexpensive goods. A party to a [6]
dispute that makes full use of the English law granted to it by LCIA Arbitration Rules (2014)
(https://www.lcia.org/Dispute_Resolution_Services/l
the applicable arbitration rules will have the full opportunity
cia-arbitration-rules2014.aspx#Article%203).
to present its own position, despite the fact that the
arbitrators will be foreign specialists.

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