Under the LCIA Arbitration Rules, a party to an LCIA administered arbitration can challenge the appointment or conduct of an arbitrator "if circumstances exist that give rise to justifiable doubts as to his impartiality or independence." The LCIA Court will decide the challenge and will write a reasoned decision which is conveyed to the parties in question. This requirement to provide reasons is unique among the institutions. It contrasts, for example, with the ICC which communicates only the result of its challenge decision and not the reasons for it.
In 2006, the LCIA voted to publish abstracts of its decisions on challenges to arbitrators, persuaded that the reasoned decisions would provide a wealth of learning to the arbitration community on the parameters of arbitrator independence and impartiality. The abstracts (one for each of the over thirty arbitrator challenges that have been decided to date by the LCIA Court) have finally been published (in 'sanitised' form) in a special edition of Arbitration International. Many relate to alleged relationships or connections between an arbitrator and one of the parties to the arbitration. Although they are not binding precedent, they provide important guidance when considering future challenge applications. Interestingly, challenges were only accepted in six of the total cases.
Key contacts
Simon Chapman KC
Managing Partner, Disputes, Asia and Australia, Hong Kong and Korea Group
Andrew Cannon
Partner, Head of International Arbitration, London, Paris, India Group, Nordic Group, Africa Group, Kazakhstan Group, Ukraine Group and Central Asia Group
Dr Patricia Nacimiento
Partner, Germany, Central Asia Group, Kazakhstan Group, Latin America Group and Ukraine Group
Kathryn Sanger
Partner, Head of Disputes, China and Japan and Head of Private Capital, Asia, Hong Kong
Thierry Tomasi
Partner, Paris, Latin America Group and Africa Group
Christian Leathley
Partner, Head of International Arbitration, US, London, New York and Latin America Group
Craig Tevendale
Partner, Head of Energy, UK, London, Africa Group, Central Asia Group and Kazakhstan Group
Gitta Satryani
Managing Partner, Singapore Office, Singapore
Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.