The Arbitration Act, 1996 is regarded as having worked well over the last 29-30 years however, some updating was considered necessary and these amendments largely came into force on 1 August 2025.
The changes and reforms contained in the new Act include the following:
- Arbitrators now have a statutory duty to disclose any circumstances which might give rise to justifiable doubts about their impartiality.
For a number of years, Arbitrators appointed by the RICS have been required to make such disclosures as part of the Dispute Resolution Service appointment procedure; specifically, to disclose any involvement in the matter itself, any involvement personally or by their firm, either currently or in the previous five years, in relation to the subject property, a nearby property or a party to the relevant dispute. - The statutory immunity of arbitrators has been strengthened and extended, provided they have not acted in bad faith.
- An express power to make an award on a summary basis where, in the Arbitrator’s opinion, a party has no real prosect of succeeding in either the claim or the defence.
- Court procedures related to Arbitration have been simplified to improve clarity, reduce delays, and minimise costs for the parties involved.
- Changes to how Courts deal with challenges to arbitration awards on the grounds of jurisdiction.