The New English Draft Arbitration Bill: The DTI Consultation Document

Abstract

The origins of the draft Bill lie in the 1989 Report of the Department of Trade and Industry's Advisory Committee on Arbitration Law (the ‘DAC’). The DAC reported on whether the United Kingdom should adopt the Model Law on International Commercial Arbitration proposed by the United Nations Commission on International Trade Law (‘UNCITRAL’). The Chairman of the DAC at that time was Lord Justice Mustill (now Lord Mustill) who had played a leading part in the deliberations of UNCITRAL. After extensive consultation, the DAC recommended against the adoption of the UNCITRAL Model Law.1 However, in Part IV of its Report it considered whether there was a need for legislation in the field of arbitration law. In Part IV of its 1989 Report the DAC considered the present state of English statute law on arbitration and then made recommendations for new legislation. It is only against Part IV of the...