Arbitration Act 2010 - The End Of Arbitration As We Know It?

The Arbitration Act 2010 ("the 2010 Act") was signed into law by the President of Ireland on 8 March 2010 and came into operation on 8 June 2010. It repeals all previous arbitration legislation in Ireland (including the Arbitration Act 1954, the Arbitration Act 1980 and the Arbitration (International Commercial) Act 1998). The 2010 Act applies to all arbitrations commenced in Ireland after 8 June 2010, thereby being retrospectively applicable to arbitration agreements in existence prior to this date but pursuant to which an arbitration may not have commenced.

So what are the changes made by the 2010 Act to Irish Arbitration Law?

UNCITRAL Model Law

The United Nations Convention on International Trade Law Model Law on International Commercial Arbitration ("the Model Law") is incorporated into the 2010 Act and now applies to all arbitrations held in Ireland. There is no longer a distinction between domestic and international arbitrations under the 2010 Act. The most significant changes introduced by the Model Law relate to an increased jurisdiction afforded to arbitrators, including the power to review challenges to their appointment and determine their own...