header-logo header-logo

15 June 2018 / Eleanor Scogings , Hanna Roos , Philip Clifford KC
Issue: 7797 / Categories: Features , Profession , Arbitration
printer mail-detail

Arbitrator challenges: the long view

nlj_7797_clifford

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
back-to-top-scroll