LCIA Arbitration

Arbitration Act 1996, English courts, ICC Rules, International arbitration, LCIA Arbitration, LCIA Rules, Section 68 challenge

(Squire Patton Boggs)/ /Leave a comment

The judgment issued by the High Court of England and Wales in Xstrata Coal Queensland P Ltd & Anor v Benxi Iron & Steel (Group) International Economic & Trading Co (Xstrata) is a rare example of a successful challenge brought under section 68 of the Arbitration Act 1996 (“the Act”). It serves as a reminder…

Arbitration institution, Arbitration Institutions and Rules, Early Determination, Efficiency, Enforceability, LCIA Arbitration, LCIA Rules, Virtual hearings

(Enyo Law LLP)/ /Leave a comment

On 11 August 2020 the LCIA unveiled the long-awaited update to its Arbitration Rules (the 2020 Rules). The 2020 Rules will become effective on 1 October 2020 and will apply to arbitrations commenced from that date onwards. They will supersede the 2014 edition of the LCIA Arbitration Rules (the 2014 Rules). The 2020 Rules introduce…

Annual Report, Brazil, Diversity, English Law, Governing Law, International arbitration, LCIA Arbitration

(PLMJ Law Firm) and (Skadden, Arps, Slate, Meagher & Flom LLP & Affiliates)/ /Leave a comment

On 19 May 2020 the London Court of International Arbitration (hereinafter the LCIA or the Court) issued its annual casework report for 2019. This paper aims to present and analyse the numbers revealed in the report. The focus will be on the development of international arbitration in terms of market, diversity and inclusion, and applicable…

Arbitration Institutions and Rules, Early Determination, Financial Services Arbitration, LCIA Arbitration, Summary procedure

, (Herbert Smith Freehills LLP)/ /Leave a comment
Herbert Smith Freehills

In 2018, financial services disputes accounted for the largest share of disputes referred to the London Court of International Arbitration (LCIA). With indications that the LCIA may adopt a form of summary dismissal procedure in its revised Arbitration Rules this autumn, the LCIA could become an even more important forum for banking and financial services…

Arbitration, Arbitration Awards, Enforcement, Financial Agreements, Financial Industry, International arbitration, LCIA Arbitration, LIDW 2019, London

(University of West London)/ /Leave a comment

The nature and up-coming trends in the financial services dispute sector were one of the topics dealt with during the first day of the London International Dispute Week (LIDW). The audience had the opportunity to formulate an understanding of how financial disputes are treated by courts and tribunals. The Right Honourable Lord Justice Hamblen gave…

Interview, Interviews with Our Editors, LCIA Arbitration, LIDW 2019, London

(Law Offices of Kiran N Gore PLLC; The George Washington University Law School)/ /Leave a comment

Thank you for joining us on the Kluwer Arbitration Blog, Dr van Haersolte-van Hof!  We appreciate that the LCIA is quite busy this week as a Supporting Institution of the inaugural London International Disputes Week (LIDW19). We are honored to have this opportunity to gain insight from your perspective and highlight for our readers the…

Emergency Arbitrator, ICC, ICC Rules, LCIA Arbitration, LCIA Rules, SIAC, Singapore International Arbitration Centre

(Clayton Utz) and (Simmons & Simmons)/ /1 Comment
Hogan Lovells

Emergency arbitrator (“EA”) applications are fast gaining popularity among both arbitral institutions and international arbitration users. EA provisions were first introduced in the 2010 SIAC Rules to address the need for emergency interim relief before a tribunal is constituted, and many arbitral institutions have adopted relatively similar EA procedures over the past decade. For example,…

Arbitration clause, Derivate Contracts, Financial Industry, HKIAC, India, LCIA Arbitration, Singapore International Arbitration Centre

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Part I   Over recent years we have seen an uptick in requests to insert arbitration clauses in derivatives and other financial product documentation, and most particularly in the Asia Pacific region. Indeed, the International Swaps and Derivatives Association (ISDA), which is responsible for producing the most widely-used industry template of the master agreement, has…

Anti-suit injunction, Arbitration, England, English Arbitration Act, LCIA Arbitration, LCIA Rules, Seat of the arbitration

(Clyde & Co.)/ /Leave a comment
Clyde & Co.

The seat of arbitration is a vital aspect of any arbitration proceeding. The situs is not just about where an institution is based, where hearings will be held or where there may be a good pool of arbitrators. It is also about which courts have supervisory power over your arbitration and the scope of those…

Arbitral Award, Damages, ICC Rules, LCIA Arbitration

(Clyde & Co. LLP)/ /2 Comments
Clyde & Co.

Mr Daniel Kahneman is a Nobel Prize winner in Economic Sciences, and the author of the bestselling book “Thinking, Fast and Slow”. His book focuses on behavioural science, and explains how cognitive biases fool us into making suboptimal decisions. In December 2017, PwC updated its International Arbitration damages research (“PwC Research”). It reviewed multiple international…

CIS, LCIA Arbitration, Public Policy, Russia

(British Institute of International and Comparative Law (BIICL))/ /Leave a comment

Over the last years, European arbitration institutions show the increasing number of arbitration cases involving Russian and other former Soviet Union countries, most of which are members of the Commonwealth of Independent States (CIS). Russian parties were second only to local Swedish companies appearing before the Arbitration Institute of the Stockholm Chamber of Commerce (SCC)….

Arbitration, Arbitrator's mandate, Arbitrators, Costs, Counsel conduct, IBA Guidelines on Party Representation, ICC, ICSID, Independence and Impartiality, LCIA Arbitration, New York Convention

(White & Case LLP)/ /1 Comment
Institute for Transnational Arbitration (ITA)

The 29th Annual Workshop of the Institute for Transnational Arbitration (“ITA”), which took place on 14-15 June 2017 in Dallas, focused on a timely subject of much importance to the future of international arbitration, namely, the “Challenges to the Legitimacy of International Arbitration.” The event was co-chaired by Caline Mouawad (King & Spalding), Jeremy K….

Arbitrability, Commercial Arbitration, LCIA Arbitration, Public contract disputes, Public Interest, Public Procurement, UK

(General Editor International Journal of Arbitration, Mediation and Dispute Management; Queen Mary University of London)/ /3 Comments

In international arbitration, as in other fields of law, the divide between private and public—commercial arbitration and public international (including investment) arbitration—traditionally has been the generally, if uncritically, accepted belief. When public bodies are involved in commercial contracts, the traditional point of distinction has been whether the state operated jure imperii or jure gestionis. Apart…

Arbitral Tribunal, English Arbitration Act, LCIA Arbitration, Tribunal Secretary, Uncategorized

(Clyde & Co.)/ /Leave a comment
Clyde & Co.

The recent decision in P v Q [2017] EWHC 148 (Comm) provided, for the first time, guidance on how a Court will approach an application for disclosure in support of an application to remove Arbitral Tribunal members under s.24 Arbitration Act 1996. Background The Claimant had brought an application to remove two wing members (the…

Arbitration, English Arbitration Act, LCIA Arbitration, LCIA Guidance Notes for Arbitrators, LCIA Rules, Tribunal Secretary

(Clyde & Co.)/ /1 Comment
Clyde & Co.

The use of tribunal secretaries in arbitration is a hotly debated topic. For some time now, the use of a secretary has been increasing in the interests of cost and time efficiency. For some however, there is a fear that arbitrators delegate their duties and for a ‘second’ or ‘fourth’ arbitrator to be involved in…

Arbitral Tribunal, Arbitration, Arbitration Proceedings, Best practices, Commercial Arbitration, Confidentiality, Confidentiality and Transparency, HKIAC, ICC Arbitration, ICCA, ICSID Arbitration, Independence and Impartiality, Institutional Arbitration, International arbitration, Investment Arbitration, ISDS, LCIA Arbitration, Powers of the tribunal, Procedure, SCC Rules, Secretary of the Arbitral Tribunal, SIAC, Singapore International Arbitration Centre, Tribunal Secretary, Uncategorized

, , (Clifford Chance) and (Clifford Chance Asia)/ /Leave a comment

“Help! I need somebody Help! Not just anybody Help! You know I need someone, help … And now my life has changed in oh so many ways, My independence seems to vanish in the haze …” Help raises a question of need, but does it lead to a loss of the fundamental decision-making power vested…

Emergency Arbitrator, Enforcement, LCIA Arbitration

(Clyde & Co. LLP) and (Clyde & Co.)/ /2 Comments
Clyde & Co.

Modern institutional arbitration rules commonly provide for emergency relief at the outset of the arbitration either through the expedited formation of a tribunal or the appointment of an emergency arbitrator, or both. This could either be viewed as a broadening of options for a party seeking immediate remedy or a constraint of the court’s powers…

Arbitral Tribunal, Arbitration, IBA Guidelines on Conflicts of Interest, LCIA Arbitration, LCIA Guidance Notes for Arbitrators

(Hughes Hubbard LLP)/ /Leave a comment

Background At the end of June 2015, the London Court of International Arbitration issued three new guidance notes to accompany its 2014 arbitration rules. The guidance notes, entitled: “Notes for Parties”, “Notes for Arbitrators”, and “Notes on Emergency Procedures” are available on the institution’s website. In issuing the guidance notes, the LCIA has followed in…

Anti-arbitration, Arbitral Tribunal, Arbitrator Intelligence, Arbitrator's Fees, Australia, Availability of arbitrators, Best practices, Bulgaria, Counsel, Dubai, England, Expedited arbitration, Germany, ICC Arbitration, International arbitration, LCIA Arbitration, New Zealand, Singapore International Arbitration Centre, Uncategorized, UNCITRAL Arbitration Rules, Women in arbitration

(MDisputes)/ /3 Comments

Dear Readers, you may have noticed the dearth of recent posts, for which we make no excuses. It is late summer for the northern hemisphere contributors. At this point, most of us are lingering poolside at the Kluwer International Arbitration Resort and Amusement Park, sipping procedural cocktails in the waning light as the children take…

Arbitration Institutions and Rules, Commercial Arbitration, Dispute Resolution, LCIA Arbitration

(Herbert Smith Freehills LLP)/ /2 Comments
Herbert Smith Freehills

Two months ago I commenced a five-month secondment with the London Court of International Arbitration (LCIA), a change of scene from my usual post at Herbert Smith Freehills LLP in London where I am a New York-qualified associate working on both commercial and investment arbitration matters. While in many ways the secondment has so far…

IBA Guidelines on Party Representation, LCIA Arbitration, LCIA Guidelines for Parties' Legal Representatives

(WilmerHale & Queen Mary University of London)/ /Leave a comment

and Queen Mary University of London This article is published as a result of the cooperation agreement between Kluwer Arbitration Blog and ArbitralWomen. The views expressed in this article are those of the author alone and should not be regarded as representative of, or binding upon ArbitralWomen and/or the author’s law firm. Issues relating to…

Arbitral Tribunal, Counsel, Guerrilla Tactics, IBA Guidelines on Party Representation, LCIA Arbitration, LCIA Guidelines for Parties' Legal Representatives

(Loyola University Chicago School of Law)/ /5 Comments
Institute for Transnational Arbitration (ITA)

There have been increasing calls over the past few years for an international code of conduct for counsel in international commercial arbitration, and for arbitrators to have more power to control counsel conduct. The growing concern is related to significant changes that have taken place in international arbitration practice. Arbitration is no longer controlled by…

Good Faith, LCIA Arbitration, LCIA Guidelines for Parties' Legal Representatives

(BCH Advogados)/ /Leave a comment

Being a fan of Mac as I have been for many years now, I have always enjoyed reading magazines related to those nifty computer products. Macworld is among the regular publications on my reading list. Two particular sections of it have always grabbed my attention. The first section is dedicated to “mac gems”, that is,…

Arbitration Institutions and Rules, LCIA Arbitration

, (Clyde & Co. LLP)/ /2 Comments
Clyde & Co.

The London Court of International Arbitration (LCIA) has recently adopted a new set of arbitration rules, which will come into effect on 1 October 2014.The new rules aim to ensure an effective, efficient and fair process. The LCIA reports that its new Director General, Dr Jacomijn van Haersolte-van Hof, thanked those who contributed to ‘the…