Reform of arbitration law: the Law Commission's consultation on Enka

A consultation by the Law Commission is underway to determine whether it is necessary to tweak the English Arbitration Act 1996. So far, the consultation responses largely have been along the lines expected, albeit with diverging views expressed on some proposals, and widespread agreement on others such as the summary procedure proposal. One additional proposal has, however, been made by 31 of 118 consultees and has just made its way into the Second Consultation Paper published in March 2023.(2022) 23 ALM 5 1

This is on the question whether the decision of the Supreme Court in Enka Insaat ve Sanayi AS v OOO "Insurance Company Chubb" [2020] 2 Lloyd's Rep 449 should be allowed to stand. The issue is here considered by Caroline Thomas, Professor Kabir Duggal and Amanda Lee.