LCIA (2014)—emergency arbitrator and expedited tribunal
LCIA (2014)—emergency arbitrator and expedited tribunal

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

  • LCIA (2014)—emergency arbitrator and expedited tribunal
  • Expedited formation of arbitral tribunal
  • Emergency arbitrator
  • Relationship with emergency court applications
  • Application of other rules to the emergency arbitrator procedure
  • Expedited appointment of replacement arbitrator

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

A party who requires urgent assistance prior to the formation of a tribunal can apply to the LCIA Court under LCIA, art 9 for one or both of:

  1. expedited formation of the tribunal (LCIA, art 9A)

  2. appointment of an emergency arbitrator (LCIA, art 9B)

The LCIA has provided guidance on both procedures in its Notes on Emergency Procedures here.

A party may also apply to a court for relief pending the appointment of a tribunal or, in certain circumstances, after its appointment. For emergency relief available from the English courts, see:

  1. AA 1996—interim and emergency measures—arbitration—England and Wales—overview

  2. AA 1996—interim and/or emergency relief—tribunal or court?

  3. AA 1996—interim and/or emergency relief—powers of the English court

However, in Gerald Metals v Timis, the Commercial Court dismissed an application for a freezing injunction and for the provision of information under AA 1996, s 44, finding that effective relief was potentially available under LCIA, arts 9A and 9B. This decision appears to limit the court’s powers under AA 1996, s 44.

Parties to LCIA proceedings should therefore take extra care when considering whether to