Jamie Harrison Deputy Director General LCIA Notes to

Jamie Harrison Deputy Director General

LCIA ‘Notes to Arbitrators’ : a general statement “… Parties to arbitrations are entitled to expect of the process a just, well-reasoned and enforceable award. To that end, they are entitled to expect arbitrators: to disclose possible conflicts of interest at the outset; to avoid putting themselves in a position where conflicts will arise during the course of the proceedings; to conduct the arbitration fairly, in a timely manner and with careful regard to due process; to maintain the confidentiality of the arbitration; and to reach their decision in an impartial manner. ” 1

LCIA Article 5. 4 “… Before appointment by the LCIA Court, each arbitral candidate shall … sign a written declaration stating (i) whethere any circumstances currently known to the candidate which are likely to give rise in the mind of any party to any justifiable doubt as to his or her impartiality or independence and, if so, specifying in full such circumstances in the declaration. ” 2

LCIA ‘Notes for Arbitrators’ : the threshold for arbitrator disclosure “In completing their statements of independence, arbitrators should take into account, amongst other things, the existence and nature of any past or present relationships, direct or indirect, with any of the parties or their counsel. Any doubt as to whether a relationship should be disclosed must be resolved in favour of disclosure…. There is a continuing obligation on all arbitrators immediately to disclose any further circumstance of which they become aware at any time during the course of the arbitration, which might give rise to conflicts. ” 3

LCIA : Challenges to Arbitrators Year No of challenges in LCIA arbitrations Upheld Rejected Not decided (withdrawn/ resigned/superseded/pending) 2016 6 1 (partially) 3 2 2017 6 0 5 1 2018 6 0 5 1 2019 7 0 5 2 4

LCIA : Article 10 procedure Article 10. 4 : “the LCIA Court may revoke any arbitrator’s appointment … upon a written Challenge by any party if … circumstances exist that give rise to justifiable doubts as to that arbitrator’s impartiality and independence” Article 10. 3 : the challenging party must deliver a written statement of the reasons for its challenge within 14 days of the formation of the Tribunal, or within 14 days of becoming aware of any ground of challenge Article 10. 4 : The LCIA Court will offer a reasonable opportunity for other parties, and for the challenged arbitrator to respond Article 10. 6 : If all other parties agree in writing to the challenge within 14 days of receipt of the written statement, then the arbitrator’s appointment shall be revoked (and no reasons will be given). In the absence of such agreement, the LCIA Court will decide the challenge, and if upheld will revoke the appointment. The decision is made in writing with reasons, and the Registrar is tasked with sending a copy to all parties. 5