LCIA (2014)—appointing the tribunal
LCIA (2014)—appointing the tribunal

The following Arbitration guidance note provides comprehensive and up to date legal information covering:

  • LCIA (2014)—appointing the tribunal
  • Requirements for appointment of the tribunal under the LCIA Rules
  • Primary procedure: selection by the LCIA Court
  • Where the arbitration agreement provides for party nominations
  • Where the arbitration agreement does not set out a nomination/appointment mechanism
  • Multi-party nominations/appointments
  • Arbitration agreement provides for selection of the tribunal by a third party other than the LCIA
  • The LCIA's appointment process

This Practice Note concerns London Court of International Arbitration (LCIA) arbitration proceedings pursuant to the LCIA Rules 2014 effective 1 October 2014 (the LCIA Rules). For practical guidance on arbitration pursuant to the LCIA Rules 1998, the previous version, please see the relevant Practice Notes here: LCIA arbitration—overview.

Appointing the tribunal is an important step in any arbitration. Having the right tribunal is key to ensuring the arbitration runs efficiently and that a just result is obtainable.

As a general matter, the method of appointment of the arbitral tribunal will depend on several factors, most importantly any provision made by the parties in their arbitration agreement or in some other written document, see Practice Note: Choosing your arbitral tribunal.

As far as arbitrations under the LCIA Rules are concerned, the primary procedure is that the LCIA Court will select and appoint the tribunal itself. It does so in around 40% of arbitral appointments. The LCIA’s independent, neutral and relatively quick selection of a sole arbitrator, who it has ascertained to be available to deal with the case, is seen as one of the institution’s attractions and as an advantage over ad hoc arbitration.

However, parties may nominate candidates for appointment if the parties agree to such a procedure before or after the commencement of the arbitration. If the LCIA Court finds the nominees suitable, it