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15 June 2018 / Eleanor Scogings , Hanna Roos , Philip Clifford KC
Issue: 7797 / Categories: Features , Profession , Arbitration
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Arbitrator challenges: the long view

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Philip Clifford QC, Hanna Roos & Eleanor Scogings track the nature & trends of two decades of arbitrator challenges

  • An analysis of LCIA court and English court decisions on challenges to arbitrators between 1996 and 2017 reveals a robust and consistent approach.

The London Court of International Arbitration (LCIA) recently published 32 anonymised summaries of arbitrator challenges decided by the LCIA during the period 2010 to 2017, supplementing the previous publication of 28 decisions from 1996 to 2010. When analysed together with applications to the English court to remove arbitrators brought between 1996 and 2017, it is evident that both the LCIA court and the English court have dealt with challenges robustly and consistently.

An overview

The majority of the challenge decisions reviewed were brought under Article 10.3 of the 1998 LCIA Arbitration Rules, on the ground that there were justifiable doubts as to the arbitrators’ independence or impartiality. However, there were also a significant number of challenges under Article 10.2, on the grounds that the arbitrators deliberately violated

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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