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Both India and the UK are reshaping their arbitration frameworks: one through revolution, the other through evolution. Disputes expert Alipak Banerjee asks: What can each learn from the other’s reform experience?

The UK recently passed the Arbitration Act, 2025 (English Amendment Act), to amend and bring reforms to the English Arbitration Act, 1996 (English Arbitration Act). The process started in 2022, when the UK Law Commission undertook a review of the English Arbitration Act. Subsequently, the UK Law Commission published a draft bill and invited comments from stakeholders to further improve and streamline the arbitration regime in England. This process culminated in the English Amendment Act, which received the royal assent on 24 February 2025, and came into force on 1 August 2025.

The English Amendment Act introduced various key changes that may have a positive impact on the arbitration climate in England, such as the summary awards, codifying the provisions relating to recognition of “emergency arbitration”, and providing the default position on the law applicable to the arbitration agreement, to name a few. However, the English Amendment Act also presents a missed opportunity to provide clarity in other aspects of arbitration, such as appeals against an award on questions of law, codifying the confidentiality obligations or arbitrators’ independence, or recognising and regulating third-party funding in arbitrations.

This article is divided into three parts. Part I discusses the major changes in the English Arbitration Act and their potential impact on the English arbitration regime. Part II deals with the Indian Arbitration and Conciliation (Amendment) Bill, 2024, and what changes India proposes to modernise its arbitration regime. Lastly, the article provides a conclusion based on the changes adopted or proposed by either jurisdiction and looks at what they can learn from each other.