Jurisdiction(s):
United Kingdom

LCAM jurisdiction challenges: Board screening for manifest lack versus Tribunal determinations, timing of objections and right to court review under section 67 Arbitration Act 1996

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Practice notes

Under Articles 9.1 and 10, the LCAM Board may decide that LCAM plainly has no jurisdiction over the dispute and, accordingly, may dismiss the case, in full or in part, as appropriate. Article 19.3 of the LCAM Rules likewise affirms that an arbitral tribunal can determine its own jurisdiction. Accordingly, a party may invite the LCAM Board to dispose of the matter on jurisdictional grounds, thereby avoiding the time and expense of constituting an Arbitral Tribunal at that stage. However, the Board will exercise this authority to decide any alleged ‘manifest lack of jurisdiction’ only before the case is referred to the Arbitral Tribunal under Article 18, and not after that procedural step. Once referral occurs, it is anticipated that all questions of jurisdiction should be addressed by the Arbitral Tribunal rather than by the Board. While it might seem more efficient to ask the LCAM Board at the outset to decide and dismiss a claim for want of jurisdiction, the permissible bases for such a challenge are, by necessity, narrow and tightly constrained...

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Kirtan Prasad

RPC

Kirtan is a Singapore, English and NY qualified commercial disputes lawyer with a specialism in international arbitration. She has been recognised as a Future Leader in Arbitration by Who's Who Legal and as a Rising Star in International Arbitration by the Legal 500 directory. She practised in Singapore for a number of years before moving to London. Her experience includes disputes across a number of industry sectors, including finance, automobile manufacturing, hotel management and shipping. Her work has spanned both civil and common law jurisdictions, such as Japan, India, England, Indonesia, the UAE and the Netherlands, and under a range of arbitral rules, including the LCIA, ICC, SIAC, SCMA, DIAC and ICSID Rules.Directory entries say: “She is one of the most intelligent young lawyers that I have worked with. Her drafting of case and witness statements in big-ticket arbitrations with utmost...

Shai Wade

RPC

Shai is the Head of International Arbitration at City law firm RPC. Co-author of the principal textbook commentary on LCIA Arbitration, "A Commentary on the LCIA Arbitration Rules", Shai is recognised as a Global Leader by Who's Who Legal: Arbitration, as a Leading Individual: International Arbitration by Legal 500 and a ranked International Arbitration Lawyer by Chambers and Partners. Shai specialises in large-scale complex arbitration disputes in key industries such as, Oil and Gas, Energy, Telecoms, IT and International Trade, as well as in joint-venture and shareholder disputes and investor-state disputes.Shai serves as arbitrator and as counsel under rules of the major arbitration institutions. As a young lawyer he served as a staff attorney to the Claims Resolution Tribunal for Dormant Accounts in Switzerland and later drafted the arbitration procedures for the appeals process of the International Commission on Holocaust Era Insurance Claims. ...

Web page updated on 21/05/2026

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