An important realignment and an opportunity missed? The law applicable to the arbitration agreement, jurisdictional re-hearings, stays to court proceedings, and the Arbitration Act 2025

Key Points

• The article reveals missed opportunities in revising arbitration laws, particularly surrounding jurisdictional re-hearings and court stays.
• Key findings indicate that the recent Arbitration Act 2025 potentially fails to address critical legal issues regarding arbitration agreements effectively.
• Assessment of changes stems from the Law Commission’s review process, culminating in the 2023 Final Report and subsequent proposals.
• Significant legislative developments illustrate ongoing complexities in arbitration law, suggesting a need for further reform and clarity.