• Sectors we work in banner(2)

    Quick Reads

LCIA Announces Consultation on Revising Arbitration Rules

min read

On 11 March 2026 the London Court of International Arbitration (LCIA) opened a public consultation on the next revision of its Arbitration Rules, to close on 11 May 2026. Coming less than a year after the Arbitration Act 2025 modernised the framework for English-seated arbitrations, the consultation provides the LCIA with an opportunity to align its Rules with this new statutory framework. The consultation also takes place against a shifting competitive landscape: the Singapore International Arbitration Centre (SIAC) updated its rules in 2025, JAMS produced dedicated AI Rules in 2024, and the International Chamber of Commerce (ICC) has taken steps to increase the publication of arbitral awards and has approved a revised version of its Rules of Arbitration which will enter into force on 1 June 2026. The LCIA's consultation identifies thirteen themes for consideration, some of which reflect developments in other arbitral institutions’ rules. Other themes include tailored provisions for state disputes, ESG provisions and integrated ADR mechanisms. The outcome of the consultation will be important for the LCIA's competitive position and to London's popularity as a seat of international arbitration.  

Aligning the LCIA Rules with the Arbitration Act 2025

The LCIA consultation offers the international arbitration community an opportunity to identify and address divergences between the current LCIA Rules and the newly enacted Arbitration Act 2025. For example, in the context of early determination, the LCIA’s existing threshold of “manifestly without merit" (Article 22.1(viii)) is arguably more restrictive than the "no real prospect of succeeding" created by the Arbitration Act 2025 (and inserted as Section 39A of the Arbitration Act 1996). Similarly, under the 2020 LCIA Rules, the arbitrator’s duty of disclosure covers circumstances "currently known" or "becoming known" to the arbitrator (Articles 5.4 and 5.5, LCIA Arbitration Rules 2020). It does not expressly extend to what the arbitrator "ought reasonably to be aware" of, as it does in the new Section 23A of the Arbitration Act 1996 (inserted by the 2025 Act). A new version of the LCIA Rules could resolve such discrepancies. 

Maintaining a competitive advantage

The consultation also opens up discussions regarding whether the LCIA Rules should experiment with new rules, and whether it should incorporate developments in the rules of other arbitral institutions.

SIAC’s 2025 Rules introduced a comprehensive third-party funding disclosure regime, and distinguished preliminary determination of legal or factual issues from outright early dismissal (Rules 38, 46 and 47). The inclusion of third-party funding disclosure and early determination in the LCIA’s consultation agenda suggests that the LCIA is alive to those developments. Similarly, the consultation's reference to "optional ad valorem fee schedules and cost-control tools" suggests the LCIA is considering offering a hybrid costs model. Currently the LCIA only includes an hourly-rate model (Article 28.1, LCIA Arbitration Rules; LCIA Schedule of Costs 2023), whereas SIAC and the ICC operate on ad valorem fee schedules (i.e. the fees depend on the value of the dispute rather than the time spent by the Tribunal).  

The mention of technology-related topics in the LCIA’s consultation is also significant. JAMS – an alternative dispute resolution institution in the US – published dedicated AI Rules in 2024 tailored to the administration of AI-related disputes. Meanwhile, the inclusion of anonymised award publication options is consistent with the approach taken by the ICC, which has published redacted awards since 2019.

The LCIA’s agenda also includes tools for coordinating related disputes, ADR mechanisms, ESG provisions and tailored provisions for State and State-Owned Enterprise disputes, in what may give the LCIA an additional competitive advantage. 

Outlook

The breadth of the LCIA’s consultation indicates a comprehensive review of the existing framework. The Arbitration Act 2025 has given London a modernised statutory platform and the consultation offers the opportunity to align the LCIA Rules with this legislation. The consultation also presents an occasion to consider how (if at all) the LCIA Rules might be updated in the context of revisions to other arbitral institutions' rules and ever-evolving political, legal and technological advancements. 

 

Our thinking

  • Judgement Under Pressure: The General Counsel and In-House Counsel Role in the Built Environment

    Events

    min read
  • Greenwashing webinar

    Kerry Stares

    Events

    min read
  • HR Breakfast Club: The Employment Rights Act 2025: In Discussion with Matthew Taylor CBE, Chair of the new Fair Work Agency

    Nick Hurley

    Events

    min read
  • The Playbook to Superscale: Hacks 4-6

    Events

    min read
  • Francis Ho writes in Building about the proposed ban on construction retentions

    Francis Ho

    In the Press

    min read
  • Kerry Stares is quoted in the ESG edition of Law UK

    Kerry Stares

    In the Press

    min read
  • Harriet Betteridge comments in Professional Adviser on the six-month countdown to UK pension inheritance tax changes

    Harriet Betteridge

    In the Press

    min read
  • The Global Legal Post quotes Lesley O'Leary on client relationship building in the age of AI

    Lesley O’Leary

    In the Press

    min read
  • Charles Russell Speechlys advises longstanding client Hearthstone Investments on its acquisition by Sentinel Real Estate

    Edward Robinson

    News

    min read
  • Kurt Rademacher comments in Eprivateclient regarding the possible impact of the US mid-term elections on UHNWIs

    In the Press

    min read
  • Charles Russell Speechlys wins Private Client Law Firm – Ultra-High Net Worth 2026 at eprivateclient Excellence Awards

    Piers Master

    News

    min read
  • The Recognition of UK Grants of Probate in France

    Harriet Betteridge

    Insights

    min read
  • Virtual Currency Regulation: United Arab Emirates

    Sara Sheffield

    Insights

    min read
  • IBA Annual Conference 2026

    Jean-Baptiste Beauvoir-Planson

    Events

  • The UK’s Expanded Bereavement Leave Rights

    Emily Chalkley

    Insights

    min read
  • The Silent Majority: Why Britain's Family Businesses Are the Overlooked Engine of AIM and the Main Market

    Greg Stonefield

    Insights

    min read
  • My child is engaged – how do I raise the issue of a prenuptial agreement?

    Julia Cox

    Insights

    min read
  • Charles Russell Speechlys shortlisted in two categories at Law.com British Legal Awards

    Lesley O’Leary

    News

    min read
  • What could the UK Government's proposed divorce law reforms mean for separating couples?

    Sarah Jane Boon

    Insights

    min read
  • Francis Ho writes about the Building Safety Levy in Estates Gazette

    Francis Ho

    In the Press

    min read
Back to top