LITIGATION TRENDS 2025 | 73 T O C E M P E S G A N T I I P C A P R O W C S P O R T C O N T A C T I N T A P P P A T C C L S E C This latest release brings the total number of decisions published by the LCIA to 84 (starting from October 2010). The decisions published in relation to such challenges provides practitioners with a rare insight into, and valuable guidance on, how an arbitral institution evaluates them. The LCIA have noted that challenges remain exceptionally rare, and successful challenges even more so. Successful Challenges It is evident from the LCIA’s publication that successful challenges typically originate from clear and direct conflicts of interest rather than concerns in relation to procedural decisions. The only successful challenge brought under LCIA arbitration rules involved two arbitrators who had connections to a law firm involved in drafting contracts central to the dispute and which, according to the respondents, was a party to a conspiracy to defraud them. Although the arbitrators were unaware of the law firm’s role when appointed, the LCIA Court found that the arbitrators’ ties to the law firm were strong enough to raise justifiable doubts about their impartiality. In cases brought under the UNCITRAL arbitration rules, administered by the LCIA Court, the only successful challenge resulted in the removal of an arbitrator due to a 20-year employment history with a party and ongoing research projects with the party’s inhouse counsel. As emphasised by the Supreme Court in its decision in Halliburton Company v Chubb Bermuda Insurance Company [2020] UKSC 48, arbitrators are under a continuing legal duty to disclose matters that might reasonably give rise to justifiable doubts as to their impartiality. Challenges based on vague connections between an arbitrator and the parties or solely procedural decisions, such as orders for security for costs or refusals to admit additional evidence, are generally unlikely to succeed. Conclusion The LCIA’s latest publication offers several key insights for practitioners. It confirms that the threshold for successful challenges remains very high, particularly when based on procedural decisions rather than conflicts of interest. From a practical perspective, it is also clear that it is important to conduct extensive due diligence at the appointment stage, as even previously unknown connections between arbitrators and parties or their representatives can lead to successful challenges if they raise justifiable doubts about impartiality. I I International Arbitration 72 | Weil, Gotshal & Manges LLP
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