Why parties to arbitration are resisting greater court involvement

The UK’s Lord Chief Justice raised eyebrows in the legal profession in March, 2016 when he suggested that the growth of arbitration was hindering the development of common law. Lord Thomas of Cwmgiedd said that the UK took something of a wrong turning in 1979 and 1996 when it brought forward measures to make arbitration more attractive to the international market. The changes in the seventies and nineties focused on limiting the number of appeals which would come out of the arbitration process to be heard by a judge, thereby giving more finality and certainty to arbitration awards. But the unintended consequence, according to Lord Thomas, has been that a lack of commercial cases reaching the courts has hindered the development of common law.

Source: JAMS ADR