• 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

  • Alumni drinks reception

    Events

    min read
  • Practicalities of Property Management Seminar

    Events

    min read
  • The Next Frontier? Follow On Claims and the Future of Loss of Chance Litigation in International Sports

    Daniel McDonagh

    Events

    min read
  • SLAPPs, Scrolls & Silencing: Media Law Under the Spotlight

    Claudine Morgan

    Events

    min read
  • Bridging East and West: Resolving China Related Disputes in a Global Era

    Jue Jun Lu

    Events

    min read
  • Court Determined Global Licence Determinations (Interim and Final): Cross Border Complexities

    Robert Lundie Smith

    Events

    min read
  • Steering the Ship: Navigating the Seas of Trust Applications without Capsizing into Hostile Litigation

    Robert Avis

    Events

    min read
  • The Playbook to Superscale: Hacks 1-3

    Events

  • Charles Russell Speechlys appoints First Corporate Tax Partner in Milan

    Michael Lingens

    News

    min read
  • Cristiana Felisi writes for We Wealth on family pacts and intra-family corporate restructuring

    Maria Cristiana Felisi

    In the Press

    min read
  • After You Leave: Navigating Non-Competes and Non-Solicitation Under Swiss Law

    Remo Wagner

    Quick Reads

    min read
  • Ahmad Anani and Jihane Rizk write for The Legal Industry Reviews: Qatar on new public M&A rules

    Ahmad Anani

    In the Press

    min read
  • Cristiana Felisi writes for We Wealth, considering circumstances where the right to reduce inheritance applies

    Maria Cristiana Felisi

    In the Press

    min read
  • Jonathan Burt comments in The Telegraph on HMRC’s consultation on the Uncertain Tax Treatment regime

    Jonathan Burt

    In the Press

    min read
  • Miranda Fisher and Hannah Owen write in the Daily Mail's This is Money section on whether you can divorce your parents

    Miranda Fisher

    In the Press

    min read
  • Keir Gordon and Molly Moseley write in City AM about how high-net-worth individuals can rival private equity in sport

    Keir Gordon

    In the Press

    min read
  • Charles Russell Speechlys shortlisted in two categories for Legal Business Awards 2026

    Lesley O’Leary

    News

    min read
  • The CMA’s new supply chain guidance on greenwashing claims: what it means for brands, manufacturers, retailers and platforms

    Hemani Sandal

    Insights

    min read
  • Are you ready for the EU Forced Labour Regulation?

    Kerry Stares

    Insights

    min read
  • Charles Russell Speechlys advises TXT e Solutions on acquisition of FasThink

    Annapaola Negri-Clementi

    News

    min read
Back to top