ERDEM-NEWSLETTER-2018-metin

175 ARBITRATION LAW March 2017), parties may ask the ICC Court to provide reasons for its decision. However, these decisions are only available to the parties. LCIA Publishes Challenge Decisions Last month, the LCIA has made online digests of 32 challenge decisions covering the period from 2010 to 2017. The LCIA has stated that they will update the website and add new decisions. The aim of the publication is to shed light on the challenge procedure, and the reasons to uphold or reject challenges. This is in line with LCIA’s ongoing commitment to transparency in arbitration. Furthermore, it is hoped that such decisions are used as a significant tool for research. The first page of the decisions LCIA has published includes a table which gives information about the subject of the challenge, the division or court member who has decided the challenge, and a sum- mary of the decision. This is followed by background information of the case and excerpts from the original decision. All decisions are anonymized. Over 1,600 cases were registered with the LCIA between the above-mentioned period. As stated by the LCIA and upon reviewing the decisions, it is clear that challenges are rare and succeed even rarer considering that less than 2% of these cases were challenged and a mere one-fifth of them were successful. LCIA Challenge Procedure According to Article 10.1 of the LCIA Rules, an arbitrator’s ap- pointment may be revoked in three instances: (i) the arbitrator recuses him/herself, (ii) the arbitrator falls seriously ill, refuses, or becomes unable or unfit to act; or (iii) circumstances exist that give rise to justi- fiable doubts as to that arbitrator’s impartiality or independence. The LCIA Court may determine that an arbitrator is unfit to act under Article 10.1 if that arbitrator: (i) acts in deliberate violation of the Arbitration Agreement; (ii) does not act fairly or impartially as between the parties; or (iii) does not conduct or participate in the arbi- tration with reasonable efficiency, diligence and industry (Article 10.2 of the LCIA Rules).