• The launch of the “LCIA Annual Casework Report 2023”
• Updates to the LCIA Court and an addition to the LCIA African Users’ Council
• Michael Black KC – Tylney Hall May 2024 Dinner Speech: “Do Arbitrators dream of electric parties?”
• LCIA Unveils New Equality, Diversity, and Inclusion Initiative
• Professor Dr Jacomijn van Haersolte-van Hof to Step Down as LCIA Director General
• Forthcoming LCIA Events

LCIA Annual Casework Report 2023

Some key points from the report include:

• LCIA arbitration referrals over the last 10 years have grown steadily, with an exceptional, upward movement, and subsequent commensurate downward correction, caused by the Covid-19 pandemic. The number of referrals in 2023 (377 referrals, of which 327 are for LCIA arbitration) demonstrate a return to the long-term upward trajectory.

• Transport and commodities cases continue to dominate the LCIA’s caseload, making up 36% of cases, a consequence of the ongoing impact of global development on energy prices and supply chains. As a corollary, sale of goods contracts are the most-common type of agreement in LCIA arbitrations (31%), the majority of which are related to commodities.

• There has been a notable increase in disputes involving “younger” agreements. Almost half of the agreements out of which disputes arose in LCIA arbitrations commenced in 2023 were concluded within the two years previous to the year of referral. Such a high percentage of younger contracts is comparable to the situation in 2020, which was an outlier year due to the Covid-19 pandemic and its knock-on impact in cases being referred to the LCIA earlier in the lifetime of the contract than prior years. Almost half of the younger contracts in 2023 are sale of goods contracts, mostly involving commodities.

• The LCIA has a truly international reach, with 96% of cases being of an international nature. Seventy-nine percent of cases do not involve UK parties, 17% involve one or more UK party and one or more non-UK party, and only 4% involve only UK parties.

• There was a significant increase in the monetary sums claimed in requests for arbitration pursuant to the LCIA Rules. Almost 30% of quantified claims for arbitration pursuant to the LCIA Rules. Almost 30% of quantified claims were over USD 20m, compared to 19% in 2022.

• All stakeholders are improving in gender diversity in appointments, with the LCIA Court remaining the main driver and almost reaching gender parity in its selection of arbitrators. In LCIA Court appointments, 48% are of women (45% in 2022), 39% of all co-arbitrator appointments are of women (23% in 2022), and 21% of all party appointments are of women (from 19% in 2022). More input is needed from the parties and co-arbitrators to improve the overall percentage of appointments of women (33%), while being mindful of the need to minimise appointments of the same arbitrators.

Click here to read the LCIA Annual Casework Report 2023 in full

Updates to the LCIA Court and an addition to the LCIA African Users’ Council

The weekend of 17-19 May 2024 saw the return of the LCIA’s flagship symposium at Tylney Hall. With the sun shining on the grounds of Tylney, it was a delight to welcome a mix of new and familiar delegate to engage in topical discussions during the veritable ‘LCIA Tylney style’ sessions and over meals and networking drinks.

In keeping with tradition, the LCIA Board meeting and first meeting of the LCIA Court of 2024 took place on the Friday at Tylney, and we are pleased to update you on the subsequent appointments, re-appointments, retirements, and promotions of the LCIA Court effective from that time.

With Karyl Nairn KC and Luca Radicati di Brozolo’s terms as Vice President expiring, Kate Brown de Vejar and David Joseph KC have both been promoted to Vice President.

With 11 vacancies on the Court due to the expiration of the terms of Stavros Brekoulakis, Anneliese Day KC, Nicola Dunleavy, Steven Finizio, Beatrice Hamza Bassey, James Hope, Ank Santens, Mohamed Shelbaya and May Tai, alongside Karyl and Luca, who we thank for their significant contributions to the Court, the following individuals have been appointed as LCIA Court Members:

• Timothy G Cameron
• Cecilia Carrara
• Sean Yu Chou
• Dany Khayat
• Melissa Magliana
• Godwin Omoaka SAN
• Dharshini Prasad
• George Spalton KC
• Anna-Maria Tamminen
• Patrick Taylor
• Nicolas Wiegand

Additionally, LCIA Court President Paula Hodges KC announced earlier this year that she is retiring as partner and head of global arbitration at Herbert Smith Freeshills and will be taking appointments as an independent arbitrator, this came into effect on 30 April. We are glad to confirm that Paula will continue to fulfil her role as President of the LCIA Court until the end of her term in May 2025. More details can be found here.

The LCIA are also pleased to welcome the newly appointed Abayomi Okubote to the LCIA African Users’ Council, effective 1 June 2024.

Paula Hodges KC, President of the LCIA Court

“I would like to take this opportunity to give heartfelt thanks to the out-going VPs and members of the Court, who have overseen implementation of the LCIA Rules 2020 and led on many policy decisions, including the LCIA’s response to the proposed reform of the Arbitration Act. In turn, I am delighted to congratulate our new VPs, Kate and David, and to welcome the new members of the Court, who are all outstanding practitioners operating in key arbitration centres around the world.”

Professor Dr Jacomijn van Haersolte-van Hof, LCIA Director General

“I congratulate and welcome the new Court members, who, as renowned and distinguished practitioners, bring extensive experience and knowledge to their new appointments. I would like to extend my thanks to the retiring members of the Court and, in particular, the Vice Presidents for their valued support of the institution.”

A full list of LCIA Court Members can be found here; and a list of all Officers of the LCIA Users’ Council can be found here.

Michael Black KC – Tylney Hall May 2024 Dinner Speech

Following the day’s sessions, the LCIA were pleased to welcome our dinner speaker, Michael Black KC (XXIV Old Buildings, London) who delivered his address titled “Do Arbitrators dream of electric parties?” on Saturday 18 May.

With inspiring and thought-provoking words on the current state and future of the international arbitration community, we encourage all to view his full speech here.

LCIA Unveils New Equality Diversity and Inclusion Initiative

Responding to valuable stakeholder input and careful consideration, the Board of Directors and Director General of the London Court of International Arbitration (LCIA) proudly declare a reinvigorated commitment to advancing equality, diversity, and inclusion (EDI) within the arbitration community.

To drive progress and embed accountability, the LCIA has appointed its inaugural EDI Officer, Alexander ‘Jazzy’ Jasiulek. Jazzy brings experience in corporate EDI programme development and diversity change management. His involvement enriches this effort with essential subject matter expertise and a proactive approach.

The LCIA’s EDI Initiative rests upon three foundational pillars:

1. Widening Event Participation: Facilitating access and fostering a sense of belonging among diverse audiences at arbitration events.

2. Promoting Best Practices: Elevating methodologies that integrate inclusion as a systematic consideration and make diversity a practical choice.

3. Arbitrator Education & Training: Enhancing competencies and cultivating mindsets that mitigate bias and foster sound decision-making.  

Click here to learn more about the LCIA’s EDI Initiative.

Professor Dr Jacomijn van Haersolte-van Hof to Step Down as LCIA Director General, and Search for Successor is Launched

It was announced on 20 May 2024 that LCIA Director General, Jacomijn (“Jackie”) van Haersolte-van Hof has decided to step down from her post, effective 31 December 2024.

The full story can be read here.

Forthcoming LCIA Events

The LCIA have numerous upcoming ‘Tylney in Town’ symposia across the globe, including Toronto, London, Mexico and Miami. These events will follow the long-established LCIA tradition of open forum discussion, based on topics submitted by delegates in advance of the events in the original ‘LCIA Tylney Style’.

Later this year, the LCIA will also be in Seoul, Tokyo and Saudi Arabia. Further details about these events are to be announced.

For further details on the aforementioned events and to register or register your interest, please visit our events schedule.

Membership of the LCIA Users’ Councils

The LCIA membership provides a wide array of opportunities to enhance your professional knowhow and network. Join an inclusive and world-class community, expand your network and enjoy exclusive privileges:

• Gain exclusive access to and a listing in the online LCIA Directory of Members.
• Be part of a network of eminent practitioners.
• Online access to the LCIA Dashboard allowing management of your profile, membership, events and subscription.
• Receive our highly respected quarterly journal, Arbitration International, hard copy and online access to the full archive (dating back to 1985).
• Advance notice of all LCIA events with discounted registration fees.
• Take the opportunity to share ideas and expertise and participate in events which include our unique ‘Tylney-style’ format, providing an important platform to facilitate discussion of topical issues and thought leadership for the global arbitral community.
• Stay informed with LCIA news items.

Source: https://www.lcia.org/News/lcia-news-annual-report-on-2023-lcia-court-and-african-users-c.aspx