11.12.2025
Cutting to the Chase — A Faster Route Through Arbitration? Matthew Wescott and Yana Ahlden write in ThoughtLeaders4 FIRE Magazine
Section 39A of the Arbitration Act 1996, introduced through the 2025 reforms, gives tribunals a potent new mechanism to dismiss claims with no real prospect of success. The promise: quicker, leaner arbitrations. The risks: due-process challenges, enforceability concerns, and tension with stricter institutional rules.
For clients and practitioners, this development reshapes both arbitration strategy and clause-drafting. Used well, Section 39A can eliminate weak claims early. Used badly, it may lead to setbacks, cost consequences, or challenges under the New York Convention.
Read the full analysis by Matthew Wescott and Yana Ahlden, published in ThoughtLeaders4 FIRE Magazine – Women in FIRE Supplement, Issue 23.
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