This In Focus briefing provides background information in advance of the second reading of the Arbitration and Mediation Services (Equality) Bill [HL] in the House of Lords on 23 October 2015.
Arbitration and Mediation Services (Equality) Bill [HL] (128 KB , PDF)
The Arbitration and Mediation Services (Equality) Bill [HL] is a private member’s bill introduced by Baroness Cox (Crossbench). The Bill received its first reading in the House of Lords on 1 June 2015 and is scheduled to receive its second reading on 23 October 2015.
The Arbitration and Mediation Services (Equality) Bill [HL] makes provisions regarding the application of equalities legislation to arbitration and mediation services, and also in regard to the protection of victims of domestic abuse. The Bill seeks to prevent providers of arbitration services from doing anything that constitutes discrimination, harassment or victimisation on the grounds of sex. It would do so by inserting a new subsection into the Equalities Act 2010 and into the Arbitration Act 1996. It would also provide clarification that discrimination includes, but is not restricted to, treating evidence from men as being of greater value than that of women, or vice versa. The Family Law Act 1996 would also be amended to allow courts to set aside any order based on a mediation settlement agreement, or other negotiation agreement, if the court believes on the basis of evidence that one party’s consent was not genuine. The Bill would also place an obligation on public authorities to inform those who are married according only to certain religious practices, or those in polygamous households, that they may be without legal protection.
Baroness Cox has introduced similar bills in previous sessions. In 2012–13 her private member’s bill of the same name was given a second reading in the House of Lords on 19 October 2012.
Arbitration and Mediation Services (Equality) Bill [HL] (128 KB , PDF)
At present, prenuptial agreements are not automatically enforceable by courts in England and Wales. However, a landmark ruling by the Supreme Court in 2010 stated that courts should consider such agreements if entered into freely and with full understanding, unless doing so would be unfair. This has prompted calls for reforming marriage laws, including a Law Commission proposal to introduce a new form of marital property agreement.
The Holocaust Memorial Bill is due to have its second reading in the House of Lords on 4 September 2024. This bill seeks to make provision for expenditure on the construction and operation of a Holocaust memorial and learning centre. It would also remove restrictions on building these in Victoria Tower Gardens, next to Parliament. It is a government bill, introduced under the previous Conservative government and continued by the newly elected Labour government. The bill is a hybrid bill, meaning it applies generally but also has a particular effect on specific groups, people or places. This entails additional stages for the bill. The bill is made up of two substantive clauses. It would extend to England and Wales, and apply to England. It would come into force two months after receiving royal assent.
Arbitration is a form of dispute resolution that enables two or more parties to resolve a disagreement privately through a third party instead of going to court. The Arbitration Bill [HL] would amend the Arbitration Act 1996, the principal legislation governing arbitrations in England and Wales and in Northern Ireland. The changes provided for in the bill would implement recommendations from the Law Commission following consultation with the sector.
![Arbitration Bill [HL]: HL Bill 1 of 2024–25](https://lordslibrary.parliament.uk/content/uploads/sites/2/2020/09/International-trade-568x426.png)