The Proof is in the Process: LCCC Serves up Fresh Guidance on Arbitration Claims

As arbitration applications to the Commercial Court continue to rise, the London Circuit Commercial Court (LCCC) has released a new Practice Notice on Arbitration Claims. The objective is to provide a structured framework for managing cases more efficiently, aiming to reduce delays, clarify parties’ expectations, and better allocate judicial resources. For commercial parties, it is hopefully a recipe for more streamlined proceedings. 

Robust Approach to Upholding Arbitral Awards

For context, the number of claims successfully challenging arbitral awards remains low, underscoring the English courts' steadfast commitment to upholding these awards. This robust approach is further reinforced by the new Arbitration Act 2025, which introduces court rules preventing the re-hearing of evidence already considered by a tribunal and prohibiting parties from raising new grounds or evidence. These measures are designed to deter prospective challenges, which, as statistics show, are rarely successful.

Efficient Management of Arbitration Claims

From 1 July 2025, the LCCC will implement a specialist list, the Arbitration Claims List (AC List), for all arbitration claims requiring substantive hearings. This is expected to significantly improve the management of such claims through the Court process. The Practice Note outlines three categories of claims:

• Category A: claims to be listed before a full-time Circuit Commercial judge.
• Category B: claims that can be listed before either a full-time judge or a deputy High Court judge.
• Category C: claims suitable for listing before a deputy High Court judge.

The default position is that all cases on the AC List are placed in Category A (to be heard by a full-time Circuit Commercial judge) unless the Judge in Charge of the LCCC decides otherwise. Overall, the categorisation process aims to ensure that claims are heard by the most appropriate judge, enhancing efficiency.

Timely Determination of Cases

The Practice Note also indicates that, where (as is often the case) judgment is reserved at the end of a hearing, the LCCC will aim to hand down judgment within 42 days of the hearing's conclusion. This commitment to timely determination is particularly welcome given the significant increase in arbitration claims.

Refining the Recipe: Potential Challenges Ahead

While the Practice Note is a welcome step towards procedural clarity, there are potential pitfalls. The new categorisation of claims – though designed to streamline – may introduce fresh complexities for parties trying to navigate an already nuanced system. Judicial availability could also prove a bottleneck; if demand outpaces supply, delay may undermine the very efficiencies the Practice Note seeks to deliver. Likewise, an ambitious 42-day judgment target could be seen as aspirational in particularly complex disputes; procedural fairness should not be sacrificed for expediency.

Ultimately, the Practice Note offers a promising recipe for reform but, as ever, the proof of the pudding is in the eating!

For commercial parties, it is hopefully a recipe for more streamlined proceedings.