Are there any impending plans to reform the arbitration laws?
International Arbitration (2nd Edition)
As Malaysia has just recently amended its arbitration legislation, there are currently no plans for further legislative reform in the near future.
In 2013 the Chilean Ministry of Justice formed a special commission for the elaboration of a draft bill in domestic arbitration. Its main purpose was to modernize the domestic arbitration regulation for it to resemble the provisions contained in the International Commercial Arbitration Law No 19.971 (ICAL). It was also taken into consideration the fact that the statues governing domestic arbitration are the Chilean Code of Judicial Organization and the Code of Civil Procedure (CCP), which date since the past century.
It must also be noted, that on March 2012, a bill project was submitted to the Chilean Congress in order to modify the CCP. This project did not propose any modifications to the domestic arbitration provisions contained in the CCP, for it was considered that such matters needed to be regulated in a separate special bill. The CCP´s reform started to enter into force progressively in Chile since December 2016.
The 2013 draft bill for domestic arbitration mainly stated for the strengthening of the parties autonomy, the reduction of the local courts intervention and the limitations for the challenge of the arbitral award. Regarding the latter, the draft bill establishes the motion to dismiss (annulment), under very specific requirements, as the only way to challenge an arbitral award, unless the parties reach a prior agreement in order to constitute an arbitral appeal tribunal. Another innovation of the said draft is that it includes a regulation for the institutions that may serve as arbitration centers.
Due to the change of the Administration that took place in Chile in 2014, the domestic arbitration draft bill has not yet been approved by the Congress. Therefore, currently domestic arbitration continues to be regulated only by the CJO and the CCP, while international arbitration is regulated by ICAL.
Under this scenario, more protection is brought to the parties under the international arbitration rules, than under domestic arbitration regulation, since in the former, the motion to dismiss the award (annulment) may not be waived by them in advance in their arbitration agreement. On the contrary, under national arbitration regulation, parties may waive their right to all recourses against an arbitral award.
No, as LAV is quite recent, there are no impending plans for its reform.
Luxembourg is currently working to implementing national measures to bring a fresh impetus to consumer ADR, to comply with the Directive 2013/11/EU of the European Parliament and of the Council of 21 May 2013 on alternative dispute resolution for consumer disputes.
A Think Thank drafting committee is currently working on a bill requested by the Ministry of Justice to reform the national arbitration law and the NCPC clauses.
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 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.
The German Federal Ministry of Justice has recently established a special task force to assess whether the German arbitration law should be amended to improve the arbitration framework and make German law even more arbitration friendly. The aspects being discussed include the enforcement of decisions by foreign tribunals in Germany and the state courts’ review of decisions by tribunals.
In October 2017 the Ukrainian Parliament adopted the Draft Law No 6232 "On the amendments to the Commercial Procedure Code of Ukraine, Civil Procedure Code of Ukraine, the Code of Administrative Procedure of Ukraine and other legal acts" (the "Draft Law"). The Draft Law has not been signed by the President of Ukraine yet, however, considering that it is the President of Ukraine who introduced this Draft Law, it is expected to be signed shortly. The most significant amendments introduced by the Draft Law are outlined below in the respective chapters.
There are no impending plans to reform the arbitration laws in Panama.
A new, UNCITRAL-based UAE Federal arbitration law has for a number of years been in the process of being considered for ministerial approval.
This proposed new law will in all likelihood repeal those articles within the UAE CPC which relate to arbitration.
The Arbitration Act is currently under review and there is a new draft of the Act underway.
Several of the suggested revisions are designed to clarify and improve the procedures for setting aside an arbitral award in court. Reflecting the increasing number of international arbitrations in Sweden, the committee proposes that proceedings for setting aside awards may be conducted in English if a party so requests. However, this being considered, the current draft of the new Arbitration Act will not allow proceedings entirely in English, but will allow documents and witness testimonies in English without translation. Moreover, revisions regarding multi-party disputes, provisions governing the determination of applicable law, consolidation of arbitrations and court intervention regarding arbitral jurisdiction are proposed.
Nowadays, there are no impending plans to reform the SAA. The latest amendments to the SAA took place in 2011 through the entry into force of Law 11/2011, of May 20th, which amended the Law 60/2003, of December 23rd.
At this point, there are no impending plans to reform the arbitration laws in Serbia.
In order to promote alternative dispute resolution, there is currently proposed legislation to impose lower penalties to the accused in criminal cases where the civil aspect of the case has been settled through alternative dispute resolution. Also, there is currently proposed legislation to adopt the 07 July 2006 amendments to the 1985 UNCITRAL Model Law.
The arbitration laws were amended in 2015 and came into effect from 23rd October, 2015 and the same reformed the law on arbitration. After the much awaited 2015 amendment, at present, there is no further discussion on reforming the arbitration laws in India.
The majority of experts consider that some changes to the LAM are needed. To the best of our knowledge, however, there are no impeding plans for submitting a bill for debate and approval by the National Assembly (Legislative Branch).
There is currently no impending plan to reform the Norwegian arbitration law.
The legal framework in relation to arbitration is not likely to change in the near future.
There are no impending plans to amend the Arbitration Act.
We are aware of efforts to modernize the local arbitration law by replacing Cap 4 but we are unable to provide a timeframe for this to happen.
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.
Under a legislative point of view, the latest relevant development is the arbitration reform enacted in 2006. For the time being, no relevant innovation to the actual arbitration law is foreseeable in the immediate future.
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.
The last major reform took place in 2013 (Schiedsrechtsänderungsgesetz); currently, there are no such impending plans to reform in Austria.
Not for the moment.
No. Consumer advocacy interests concerned about access to justice have led several legislative and regulatory efforts to restrict the use of pre-dispute arbitration agreements in form consumer and employment contracts and in connection with claims for violations of statutory law (e.g., civil rights or antitrust claims), but to date these efforts have been unsuccessful.
Not for the moment.
No. Since 2008, when the last amendment was made to the Arbitration Law, and as of to-date, there are no impending plans to make any reform in the Israeli Arbitration Law. However, there is an initiative to include in the legislation a duty to conduct an arbitral proceeding in compensation lawsuits resulting from both damages to properties due to construction defects and due to property damages resulting from accidents (a proposal for a law regarding this issue was approved in a preliminary reading).
The Law Commission of England and Wales consulted in late 2016 on whether there were any areas of the 1996 Act which should (or should not) be considered for inclusion in its 13th Programme of Law Reform. Possible suggested areas for change included making explicit provisions for summary judgment and allowing for the arbitration of trust disputes. The Law Commission is currently working with the UK Government to receive the necessary approvals for its 13th Programme.
No reforms or significant changes are expected in the near future, as the applicable legislation is relatively recent – the new Code of Civil Procedure was enacted on February 15 2013. Discussions are ongoing around the need to broaden the scope of arbitrability of disputes.
The Istanbul Arbitration Center (“ISTAC”) was established under the Law no. 6570 (ISTAC Law) as of 1 January 2015. The ISTAC Rules include fast-track rules for arbitration and it is a new approach to finalize the commercial disputes in Turkey. Additionally, the Istanbul Chamber of Commerce Arbitration Center (“ITOTAM”) has amended its ITOTAM Arbitration Rules as of 14 April 2016 by providing emergency and expedited arbitration rules.
A part of the Turkish judicial reform strategy is to allow disputes to be settled without the involvement of the State Courts, in an attempt to normalize their work-load. Therefore, legislation and the reform strategy is being altered to support alternative dispute resolution methods. There is no doubt that Arbitration is considered a major part of this approach, in addition to Mediation, Mandatory Mediation and different arbitral applications.