6 of 13 Session — International Arbitration Summer School 2026 - Central Asia Dispute Resolution Association
London Court of International Arbitration (LCIA): Arbitration and ADR Worldwide
Constitution of the Arbitral Tribunal: Appointments, Independence, Impartiality and Challenges
Kevin Nash and Maria Jonker, London Court of International Arbitration (LCIA)
Commentary:
The session described the constitution of the arbitral tribunal as one of the most important functions of an arbitral institution. It addressed appointments, disclosures, challenges and replacement under the LCIA framework, while considering how these matters arise from the drafting stage onward.
Party autonomy is the foundation. Parties may agree on the number of arbitrators, nomination procedure, qualifications and specialist knowledge. In practice, however, parties often cannot agree on a sole arbitrator, and unclear three-member nomination procedures may lead the institution to appoint the whole tribunal.
The choice between one and three arbitrators involves cost, speed, complexity and the desired degree of party participation.
Suitability is case-specific. Relevant factors include the seat, governing law, parties’ nationalities, industry sector, complexity, availability and conflicts. The speakers also stressed the value of an arbitrator who understands the relevant commercial realities.
Formal legal expertise may not be enough where the evaluation of evidence depends on a particular business context.
Multi-party cases create an additional difficulty. Referring to the Dutco principle, the speakers explained that if multiple claimants or respondents cannot make a joint nomination, an institution may appoint the entire tribunal to preserve equality.
Yet the institutional assessment should consider whether parties are genuinely aligned or adverse, rather than automatically displacing nomination rights.
Disclosure protects the integrity of an appointment. A prospective arbitrator may consider themselves independent and impartial but still disclose a past professional connection. The disclosure should be put to the parties for comment before the institution decides whether to proceed. The IBA Guidelines were described as useful, but non-binding; the practical aim is early, candid disclosure that prevents disruption later in the case.
Challenges may be genuine or tactical. The speakers emphasised efficient administration and prompt decisions so that proceedings are not effectively frozen. Challenges based solely on dissatisfaction with procedural rulings were described as unlikely to succeed.
They also cautioned against relying reflexively on a narrow group of familiar arbitrators. A useful formulation was “work and weight”: a nominee needs availability to engage seriously with the case and sufficient standing to contribute effectively to tribunal deliberations!
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