Continuously listening to our clients is an integral part of our approach at Opus 2. I attended the excellent BCLP Arbitration Survey Launch Event, which focused on the users’ perspectives on the English Arbitration Act 1996 (EAA) and London seated arbitrations.
This event was timely as there is a consultation process underway for the review of the EAA. The BCLP survey findings will guide the discussions around many relevant topics and can influence the law commission’s final recommendations.
The BCLP Survey Report is instrumental and comprehensive and was expertly presented by Claire Morel de Westgaver, a BCLP partner who has been a driving force in promoting technology adoption in arbitral proceedings.
There were fascinating presentations and lively debates between Nathan Tamblyn (Law Commission), Jackie van Haersolte-van Hof (LCIA), Philippa Charles (Stewarts) and Charles Kaplan (Orrick, Paris), and the audience.
The BCLP Survey Report’s section on technology, cybersecurity and green arbitration is among most relevant points to Opus 2. It explores whether section 34 of the EAA already covers the use of technology and whether there should be express provisions to advance it connected to steps towards cybersecurity and sustainability considerations.
Although most respondents answered in favour of express provisions, some raised concerns that express provisions could get outdated by eventual new technologies or even restrict parties’ discretion.
Read the full details:
- BCLP International Arbitration Survey Report 2022
- Consultation summary
- Consultation paper
- Consultation webpage
Carlos Carvalho is a Senior Business Development Consultant at Opus 2 and a teaching fellow at the School of International Arbitration, Queen Mary University of London. Carlos is a qualified lawyer in three jurisdictions, including England and Wales, where he has practised extensively in International Arbitration.