Are there any impending plans to reform the arbitration laws in your country?

International Arbitration (3rd edition)

Egypt Small Flag Egypt

The legal framework in relation to arbitration is not likely to change in the near future.

France Small Flag France

Decree No. 2011-48 of 13 January 2011 made some significant changes to French arbitration law. The Decree codified some well-established jurisprudence and developed some new principles. It is therefore unlikely that there will be any further extensive changes made to arbitration law in the near future. However, the French courts are often one step ahead of the legislator when it comes to developing French arbitration law.

Cyprus Small Flag Cyprus

We are not aware of any legislation draft being processed or assessed by the House of Representatives to date.

Czech Republic Small Flag Czech Republic

As the last amendments to the legislation came into force during 2017, there are currently no impending plans to reform the arbitration laws.

Romania Small Flag Romania

The arbitration rules embodied in the CPC have been relatively recently enacted in 2013 and no significant changes are foreseen in the near future.

Serbia Small Flag Serbia

To our knowledge, there are no impending plans to reform the relevant laws.

China Small Flag China

The Arbitration Law currently in force in China was inessentially revised in 2017 and took effect on 1 January 2018.

Revising the Arbitration Law is listed as a Project in Category II of the Legislation Plan of the Standing Committee of the Thirteenth National People's Congress. Projects in this Category need to be prepared without delay and are to be submitted for deliberation when conditions are ripe.

Denmark Small Flag Denmark

a. There is currently no impending plan to reform the Danish Arbitration Act, but The Danish Institute of Arbitration formed a committee in 2012 and published the committee’s recommendations in 2017. They recommended an implementation of Chapter IV A of the UNCITRAL Model Law on Arbitration on interim measures and preliminary orders and an exclusion and limitation of the access to appeal.

Poland Small Flag Poland

Currently there are no impending plans to introduce any amendments to Polish arbitration law. However, it is worth mentioning that material changes to Polish arbitration law concerning disputes arising out of consumer contracts were introduced by the Act on Out-of-Court Consumer Dispute Resolution of 23 September 2016, implementing an EU Directive (2013/11/EU). The act entered into force on 10 January 2017.

Switzerland Small Flag Switzerland

Almost thirty years after its entering into force, on 11 January 2017, the Swiss Federal Council presented a draft partial revision of chapter 12 of the PILA and invited interested parties for consultation on such draft until the end of May 2017. The final legislative proposal will be submitted to the Swiss parliament for approval.

As the chapter 12 of the PILA is still considered to be a modern legislation by the Swiss Federal Council, legal scholars and practitioners, the draft provisions of chapter 12 of the PILA do not aim at fundamentally reforming the rules on international arbitration in Switzerland. In particular, the draft does not constitute a complete revision of the existing legislation. The declared overall objective of the partial revision is for Switzerland to maintain its attractiveness for international arbitration.

Against this background, the revision is directed at (i) implementing and converting into law the developments in international arbitration of the last roughly 25 years driven by the case law of the Swiss Federal Tribunal, (ii) strengthening the party autonomy (iii) and making the provisions of chapter 12 of the PILA more user-friendly. The revised draft chapter 12 of the PILA includes, inter alia, new codified provisions on the revision, rectification, explanation and correction of awards, the possibility to make submissions to the Swiss Federal Tribunal in English, and a relaxation of the form requirements regarding the conclusion of the arbitration agreement.

UAE Small Flag UAE

The arbitration laws of the UAE have been reformed through the introduction of the UAE Arbitration Law. This UAE Arbitration Law replaces articles 203 to 218 of the UAE CPC.

United Kingdom Small Flag United Kingdom

Following consultations, in late 2017, the Law Commission of England and Wales issued its Thirteenth Programme of Law Reform in which it noted that it had decided not to pursue reform of the 1996 Act. However, the Law Commission identified the 1996 Act as an area for potential future reform, in order to maintain London’s status as a leading venue for international arbitration.

Saudi Arabia Small Flag Saudi Arabia

The KSA recently adopted the new Law of Arbitration and repealed the previous Law of Arbitration. In addition, the KSA also promulgated the related Implementing Regulations and the Enforcement Law.

The provisions of the new Law of Arbitration are considered modern and harmonized, as they are essentially based on the UNCITRAL Model law.

There are therefore no current plans to reform the arbitration laws in the KSA.

United States Small Flag United States

There are no plans currently in action to reform or amend the FAA. However, several bills have been introduced by the U.S. Congress in recent years that have proposed amendments to the arbitration framework in the U.S. For instance, several iterations of an “Arbitration Fairness Act” have been introduced which would prohibit pre-dispute arbitration agreements from being valid or enforceable where they require the arbitration of an employment, consumer, antitrust, or civil rights dispute. See, e.g., S.537 - Arbitration Fairness Act of 2017. The proposed Act would require that a court determine the validity and enforceability of an arbitration agreement, rather than an arbitrator, effectively eliminating the principle of competence-competence.

Another recent proposed bill would amend the FAA to invalidate arbitration agreements between parties in certain commercial contracts or transactions if they require arbitration of a claim for damages or injunctive relief brought by an individual or small business arising from the alleged violation of a federal or state statute, the U.S. Constitution, or a state constitution, unless the written agreement to arbitrate is entered into by both parties after the claim has arisen and pertains solely to an existing claim. See S.550 – Restoring Statutory Rights and Interests of the States Act of 2017. This bill proposes that a court, rather than an arbitrator, would determine whether an arbitration agreement is enforceable. Both of the aforementioned bills are still pending in the Senate.

Austria Small Flag Austria

No. The most recent amendment (in force since 1 January 2014) to the legislation governing arbitration in Austria was to establish direct recourse to a specialised chamber of the Austrian Supreme Court as the first and final instance regarding proceedings to set aside an arbitral award.

Nigeria Small Flag Nigeria

There are plans in Nigeria to reform the primary arbitration legislation (the ACA). Currently, there is a bill before the National Assembly (the equivalent of the UK Parliament) to amend the ACA by incorporating 2006 amendments to the Model Law and introduce a body to regulate arbitration in Nigeria.

Portugal Small Flag Portugal

No, as LAV is quite recent, there are no impending plans for its reform.

Russia Small Flag Russia

Russian arbitration laws have already been the subject of a comprehensive reform in 2015–2016, which essentially overhauled the regulation of arbitral institutions, set out lists of non-arbitrable disputes, established special rules for arbitration of corporate disputes, and substantially harmonised Russian arbitration legislation with the UNCITRAL 2006 Model Law.

Ireland Small Flag Ireland

No. Ireland’s law on Arbitration is considered to be state of the art.

Norway Small Flag Norway

There is currently no impending plan to reform the Norwegian arbitration law.

Germany Small Flag Germany

In 2016, the German Federal Ministry of Justice established a task force charged to assess the potential need of modernisation of the German arbitration law. The underlying goal is to strengthen the attractivity of the German seat of arbitration.

Croatia Small Flag Croatia

There are no impending plans to amend the Croatian Arbitration Act.

Updated: November 14, 2018