Challenge to arbitrators' appointment pursuant to article 10.4 of the LCIA Rules, based on article 10.2 (failure to act fairly and impartially) and article 10.3 (doubts as to impartiality or independence)

摘要

Where a party seeks to enquire as to progress with the issue of an Award, not only is it prohibited to direct such enquiry to an individual arbitrator without copy to the other members of the tribunal and the other parties, it is also unacceptable for the arbitrator who has been approached to provide an answer to that enquiry, thereby giving one side the benefit of an intimation of the outcome of the arbitration.