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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
back-to-top-scroll