Arbitration Act 1979
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| Long title | An Act to amend the law relating to arbitrations and for purposes connected therewith |
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| Citation | c.42 |
| Territorial extent | England and Wales |
| Dates | |
| Royal assent | 4 April 1979 |
| Commencement | 1 August 1979 |
| Repealed | 31 January 1997 |
| Other legislation | |
| Repealed by | Arbitration Act 1996 |
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Status: Repealed
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| Text of statute as originally enacted | |
| Text of the Arbitration Act 1979 as in force today (including any amendments) within the United Kingdom, from legislation.gov.uk | |
The Arbitration Act 1979 (c.42) was an Act of the Parliament of the United Kingdom that reformed arbitration law in England and Wales. Prior to 1979, arbitration law was based on the Arbitration Act 1950, which allowed use of the "Case Stated" procedure and other methods of judicial intervention, which marked English arbitration law as significantly different from that of other jurisdictions. The prior law significantly increased the cost and time required for arbitration, which made England an unpopular jurisdiction to conduct such negotiations in. As a result, while London maintained its traditional position as a centre for arbitration in insurance, admiralty and commodities trading, it failed to attract more modern forms of trade. Following pressure from industry groups, the Lord Chancellor introduced the Arbitration Bill into Parliament, having it passed hours before the dissolution of James Callaghan's government. It was given the Royal Assent on 4 April 1979, and commenced working on 1 August 1979.
The Act completely abolished the "Case Stated" procedure and other forms of judicial interference, replacing it with a limited system of appeal to the High Court of Justice and Court of Appeal of England and Wales; it also allowed for exclusion agreements limiting the rights of parties to arbitration to appeal to the courts, and gave arbitrators the ability to enforce interlocutory orders. Academics met the Act with a mixed response; while some praised it for bringing English law more into line with that of other nations, others criticised the wording used as unnecessarily complex and hazy. The Act did, in the eyes of some commentators, lead to a shift in judicial policy away from legal certainty and towards a system focused on speed and finality. Having been repealed in its entirety by Section 107(2) of the Arbitration Act 1996, the Act is no longer in force.
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