LCIA Releases Challenge Decisions Online 12 February 2018 LCIA releases database of anonymised challenge decisions As part of its ongoing commitment to transparency, the LCIA is making available online digests of 32 LCIA arbitration challenge decisions from between 2010 and 2017. This release, together with the LCIA’s 2011 publication of 28 challenge decision summaries from between 1996 and 2010, provides users with an increasingly significant research tool, and one which illustrates the effectiveness of the LCIA’s challenge procedure. The new digests contain anonymised excerpts of the decisions, providing insight through the LCIA Court’s own words. Written challenge decisions are an invaluable resource for users, counsel, and arbitrators – they give guidance in relation to standards of conduct, and provide a greater understanding of the reasoning applied by the Court. The challenge decision database will be updated periodically when new decisions are issued, increasing its usefulness over time. From this tranche of decisions, some interesting trends emerge: Challenges are rare in LCIA arbitrations, and even more rarely succeed During the period covered by the decisions, over 1,600 cases were registered with the LCIA. Challenges were heard by the LCIA Court in less than 2% of these cases, and only one fifth of those challenges were successful. Put another way, successful challenges were made in only 0.4% of LCIA cases during that time period. The challenge process is robust Following a challenge, the other parties and the challenged arbitrator are given an opportunity to provide submissions in response. Depending on the complexity of the challenge, the LCIA will appoint either one member or three members (or former members) of the Court as decision-makers. Once appointed, these decision-makers may hold a hearing or ask for further written submissions if necessary. Taking all submissions into account, the decision-makers then provide a robust and closely-reasoned decision either upholding or rejecting the challenge. The challenge process is efficient As set out above, the challenge procedure is robust, and decision-makers produce sound decisions. However, the challenge process remains efficient: from the day decision-maker(s) are appointed, it takes on average only 27 days to provide the reasoned decision, and over half of all decisions are provided in less than 14 days. Grounds for challenge are diverse, with a focus on procedural matters In half of all challenge decisions, the challenging party presented a procedural decision contrary to their interests as evidence of bias – more common even than allegations of conflict. The LCIA looks forward to providing its users and the international arbitration community more generally with this essential resource. Click here to access the full LCIA challenge decision database.