Arbitration and the Development of English Law - Arbitration: The International Journal of Arbitration, Mediation and Dispute Management View Arbitration and the Development of English Law by - Arbitration: The International Journal of Arbitration, Mediation and Dispute Management Arbitration and the Development of English Law 85 2

“Winter is Coming” warned Gary Born recently in response to former Lord Chief Justice of England and Wales’ comments on the hindering effects of arbitration in the development of English law supposedly caused by the restrictive machinery of appeals on law points under the English Arbitration Act, with the effect that “far fewer” law developments are made. This article questions Lord Thomas’s method challenging its quantitative data and canvassing other qualitative factors which are key in such a complex assessment. There seems to be no sufficient evidence for Lord Thomas’ contention and hence no justification to undermine overarching principles underpinning the Act, such as arbitration autonomy, speed and finality.

Arbitration: The International Journal of Arbitration, Mediation and Dispute Management