LCIA Clauses

Single arbitrator:

"[Subject to [ADR Clause ],] any dispute arising out of or connected with this Agreement, including a dispute as to the validity or existence of this Agreement and/or this clause [number], shall be resolved by arbitration with seat (or legal place) in [insert choice of Seat] conducted in the [ Language ] by a single arbitrator [see Number of Arbitrators ] pursuant to the rules of the London Court of International Arbitration ("LCIA"), [save that, unless the parties agree otherwise, neither party shall be required to give general discovery of documents, but may be required only to produce specific, identified documents which are relevant to the dispute]."

Three arbitrators:

"[Subject to [ADR Clause ],] any dispute arising out of or connected with this Agreement, including a dispute as to the validity or existence of this Agreement and/or this clause [number], shall be resolved by arbitration with seat (or legal place) in [insert choice of Seat] conducted in the [ Language ] by three arbitrators [see Number of Arbitrators ] pursuant to the rules of the London Court of International Arbitration ("LCIA"), save that, unless the parties agree otherwise:

(i) the third arbitrator, who shall act as the presiding arbitrator of the tribunal, shall be nominated by the two arbitrators nominated by or on behalf of the parties. If the third arbitrator is not so nominated within 30 days of the date of nomination of the later of the two party-nominated arbitrators to be nominated, the third arbitrator shall be chosen by the LCIA;

[(ii) no arbitrator shall be of the same nationality as any party];

[(iii) neither party shall be required to give general discovery of documents, but may be required only to produce specific, identified documents which are relevant to the dispute]."

Sub paragraph (ii) may be inappropriate in normal commercial contracts, but it can be important in contracts with States. Its inclusion will prevent the State from appointing as its arbitrator its own national, who may not be predisposed to finding against it:. This provision should be difficult for a State to resist at the negotiation stage but will be valuable if a dispute arises: faced with a genuinely independent tribunal, a State is more likely to be willing to do a deal than go through arbitration.

Click on LCIA for more on the LCIA and the drafting and use of this clause.