LCIA (2014)—tribunal's duties and powers
LCIA (2014)—tribunal's duties and powers

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

  • LCIA (2014)—tribunal's duties and powers
  • Duties
  • Jurisdiction and authority
  • Procedural powers
  • Applicable law(s)
  • Party representation
  • Tribunal secretaries
  • Award(s)
  • Remedies
  • Joinder and consolidation
  • more

This Practice Note concerns London Court of International Arbitration (LCIA) arbitration proceedings pursuant to the LCIA Arbitration Rules 2014 (the LCIA Rules) effective 1 October 2014.

For practical guidance on arbitration pursuant to the LCIA Rules 1998, the previous version, see the relevant Practice Notes here: LCIA arbitration—overview.

In institutional arbitration, a tribunal’s duties are not only to the parties but also to the institution. The LCIA Rules impose a number of obligations on arbitrators but adopt a relatively light touch in comparison, for example, to the International Chamber of Commerce (ICC).

The LCIA Rules provide only a framework for an arbitration conducted under them but they set out clearly powers which the tribunal will have in every case and powers which it will have in default of agreement between the parties.

It is particularly important to understand these duties and powers as a tribunal who acts in breach of its obligations under the LCIA Rules, or in excess of its powers, may cause an arbitral award to be subject to challenge under section 68 of the Arbitration Act 1996 (AA 1996) on grounds of serious irregularity—see Practice Note: AA 1996—challenging the award—categories of serious irregularity (s 68)—Tribunal exceeding its powers (s 68(2)(b)).

Duties

The tribunal's duties to the parties include:

  1. acting fairly and impartially between the parties giving each a