The London Court of International Arbitration (LCIA) has released its annual casework report, showing an 18% increase in arbitrations in 2020, as well as making new appointments to its governing body.

The London-headquartered arbitral institution received 444 referrals in 2020, 407 of which were made under its rules. Both figures mark new highs and represent a 10% increase in referrals made and an 18% increase on arbitrations heard in 2019. 

The increased caseloads follow substantial revisions to the LCIA’s rules in 2020, including allowing for virtual hearings and associated procedural changes, which were welcomed by law firms. LCIA director-general Jacomijn van Haersolte-van Hof praised her team’s work, saying they had done “a stellar job under challenging circumstances.”  

“All users and arbitrators have had to adjust and it is remarkable how quickly new – and improved – arbitral practice has developed," she added.

That increase in caseload is arguably also a reflection of London’s continued popularity as a seat of international arbitration, according to a recent survey, which, however, showed the LCIA’s popularity among users had fallen slightly.

The top three business sectors seeking LCIA arbitrations were again energy and resources, transport and commodities, followed by banking and finance. Together they made up 68% of all LCIA arbitrations.   

Other trends included a sharp rise in the percentage of disputed contracts entered into within two years of the arbitration commencing, a likely knock-on impact of the pandemic.

International support for the LCIA remains strong, however, with 86% of parties to LCIA arbitrations being non-UK jurisdictions. The number of non-UK seats and choices of law under dispute also increased in 2020, including greater links between choice of seat and law.

Speaking at London International Disputes Week, van Haersolte-van Hof suggested that Brexit might lead to a further uplift in arbitrations, although not one to be overestimated.  

The post-Brexit flexibility, and attractions, of English law in key business sectors was “a legacy that English law has that [the UK] should be very proud of and very careful to protect.” She added that there was no room for complacency, telling an international audience that “London could do better” in building on existing support for international arbitration.

The LCIA also announced new appointments to its governing body, the LCIA Court, with Arbitration Chambers’ Jean Kalicki, Peter Rees QC of 39 Essex Chambers, Freshfields’ Noah Rubins QC and Mexico’s Claus von Wobeser all stepping down. 

Four new court members were appointed: London-based Marie Berard of Clifford Chance, DLA Piper’s Kate Brown de Vejar, based in Mexico, Artem Doudko of Osborne Clarke and former Allen & Overy co-head of Arbitration Matthew Gearing QC, who joined Fountain Court recently in a sign of his standing in London.

Herbert Smith Freehills’ Paula Hodges QC, LCIA president, said: "Mindful of the need to keep abreast of the ever-evolving nature of international arbitration around the world, we are delighted to welcome Marie, Kate, Artem and Matt to the LCIA Court given their deep experience of practising arbitration in Europe, Latin America, Russia and Asia.” 

Rees and Kalicki were replaced as vice presidents by Bredin Prat’s Raëd Fathallah and Wilmer Hale’s Maxi Scherer, based in Paris and London respectively. 

Hodges said she was “delighted that Maxi and Raëd have agreed to become vice presidents – they are outstanding practitioners who will bring a wealth of multi-national expertise to the supervision of LCIA cases.”