For Option Droit & Affaires, Stéphanie Milano and Sean Surpal analyse the Arbitration Act 2025, which reshapes English arbitration law and establishes an unprecedented alignment with French arbitration law, notably through the adoption of the law of the seat as the default governing law, a strengthened duty of disclosure, and a new framework governing arbitrator resignation.
Stéphanie Milano and Sean Surpal analyse the Arbitration Act 2025 in Option Droit & Affaires, examining how the reform reshapes English arbitration law while bringing it into unprecedented alignment with French arbitration law through the adoption of the law of the seat as the default governing law, a strengthened duty of disclosure, and a new framework governing arbitrator resignation.
The objective? To preserve London’s position as the world’s leading arbitral seat in the face of growing competition from Singapore and Hong Kong by enhancing legal certainty and predictability.
🔍 Key reforms at a glance:
✅ The law of the seat established as the default governing law of the arbitration agreement.
✅ A statutory power of summary disposal to accelerate arbitral proceedings.
✅ A strengthened statutory duty of disclosure for arbitrators, requiring greater transparency.
✅ A streamlined framework for jurisdictional challenges, limiting Section 67 challenges where the tribunal has already ruled on jurisdiction.
These reforms create strategic opportunities for French companies and arbitration practitioners while also highlighting the continuing structural differences between the English and French arbitration systems.
The full article is available below.
