CONSTITUTION OF THE LCIA ARBITRATION COURT
(Adopted 1990, amended 1998, 2002, 2008, 2009 and 2010)
A. COMPOSITION
1. The Arbitration Court ("the Court") shall, subject to Articles A.4 and B.3, consist of up to thirty five members appointed by the Board of Directors of the LCIA ("the Board") on the recommendation of the Court, of whom up to six shall be from the United Kingdom and the remainder from other countries.
2. The members of the Court shall serve for a five-year term. Save in exceptional circumstances, they shall not be re-appointed to consecutive terms.
3. The Court shall make recommendations to the Board to fill appointments arising from retirements or casual vacancies and on other issues relating to the composition of the Court from time to time as appropriate.
4. Any member appointed on the nomination of any body other than the Court, entitled so to nominate by virtue of an agreement reached between the LCIA and that body, may be appointed in addition to the number of members prescribed by Article A.1.
B. OFFICERS OF THE COURT
1. The Officers of the Court shall consist of:
a. A President appointed by the Board on the recommendation of the Court, to serve for a period of up to three years, and to be eligible for reappointment; and
b. Up to seven Vice-Presidents appointed by the Court, to serve until expiry of their terms as members of the Court. Due regard shall be given to a balanced international representation.
2. At the request of the President or, if not available, of the Registrar or Deputy Registrar, any Vice-President shall be entitled to exercise any of the functions and powers of the President.
3. Former Presidents will be invited by the Court to attend and to vote at Court meetings as Honorary Presidents or Honorary Vice Presidents, for as long as they wish, and are not deemed to be ordinary members for the purposes of the number of members prescribed by Article A.1.
C. REGISTRARS AND DEPUTY REGISTRARS
1. There shall be a Registrar and may be a Deputy Registrar or Deputy Registrars appointed by the Board.
2. There may be additional Registrars and/or Deputy Registrars appointed by the Board, or by the board of directors of any branch or subsidiary of the LCIA, or jointly by the Board and the board of directors of any company in a joint venture with the LCIA, to fulfil such roles pursuant to such rules and/or procedures as the Court and the Board, or the Court and the board of directors of any branch or subsidiary of the LCIA, or the Court and the Board and the board of directors of any company in a joint venture with the LCIA, may publish from time to time.
D. FUNCTIONS OF THE COURT
1. The Court shall have power to do anything which it may consider appropriate for the proper performance of its functions and shall in particular:
a. Act as appointing authority under the LCIA Rules, any rules published pursuant to Article C.2, the UNCITRAL Rules and in any other case where an agreement provides for appointments by the LCIA;
b. Perform the functions conferred on it by any applicable rules of arbitration, mediation or conciliation, whether the LCIA Rules, any rules published pursuant to Article C.2, the UNCITRAL Rules or any other arbitration, mediation or conciliation rules;
c. Keep the LCIA Rules, and any rules published pursuant to Article C.2, and their associated schedules of costs, under review;
d. Make recommendations to the Board as appropriate concerning the introduction of new general or specialist rules; and
e. Promote the objectives of the LCIA and of international commercial arbitration generally.
2. The functions of the Court under 1(a) and (b) above shall be performed in the name of the Court by the President or a Vice-President, or by divisions of 3 or 5 members of the Court appointed by the President and chaired by the President or a Vice-President, or in the case of administrative functions by the Registrar or Deputy Registrar pursuant to G.(i) below.
3. For the purpose of performing specific tasks in relation to the functions of the Court under 1.(c) to (e) above, the President may set up ad hoc sub-committees of the Court chaired by any members appointed by the President which shall report back to the Court.
4. In the performance of its functions under this Constitution, the Court, its Officers and members shall at all times act independently of the Board.
5. No member of the Court who has a connection with an arbitration in relation to which the LCIA exercises any functions of any kind may participate in or influence any decision of the Court relating to such arbitration.
E. MEETINGS OF THE COURT
1. The Court shall meet as often as required and at least once a year.
Meetings shall be chaired by the President or a Vice-President. A quorum shall be seven. The Chairman of the meeting shall have a casting vote.
F. APPOINTMENT OF ARBITRATORS AND MEDIATORS
1. All appointments of arbitrators and mediators in the name of the Court pursuant to D.1(a) and D.1(b) shall be made by the President or by a Vice-President on the President's behalf pursuant to B.2 above.
2. All members of the Court shall be eligible for appointment as arbitrators. However:
a. the President shall only be eligible if the parties agree to nominate him as sole arbitrator or as Chairman; and
b. the Vice-Presidents shall only be eligible to serve as arbitrators if nominated by a party or the parties.
The President or Vice Presidents so nominated shall take no part in the appointment of an arbitral tribunal to which they have been nominated or in any other function of the Court relating to such an arbitration.
G. FUNCTIONS OF THE REGISTRARS AND DEPUTY REGISTRARS
The Registrars and the Deputy Registrars shall:
(i) carry out in the name of the Court such day to day operations of the Court and administrative functions under any applicable arbitration, mediation or conciliation rules as may be authorised by the President from time to time; and
(ii) service the Court and any division or sub-committee set up under D.2 or D.3 above.
H. AMENDMENTS
The provisions of this Constitution may only be amended with the mutual consent of the Court and the Board.
