The tribunal

Choosing your tribunal

This Practice Note : choosing your arbitral tribunal sets out some practical tips about how to choose the right people to form the arbitral tribunal. It emphasises the importance of appointing the tribunal in accordance with the provisions of the arbitration agreement and the considerations you may take into account when preparing a shortlist of potential candidates.

For further guidance, see Practice Note: Choosing your arbitral tribunal.

Questions for potential arbitrators

This Practice Note considers the purpose and value in obtaining information on potential arbitrators. It sets out possible questions to consider asking potential candidates and details on the means by which such information may be gathered, such as arbitration questionnaires and resources that collate data on arbitrators. It also considers the drawbacks, such as confirmatory bias that may arise due to the use of pre-arbitration questions.

For further guidance, see Practice Note: Questions for potential arbitrators.

Appointing the tribunal under the AA 1996 in England and Wales

This Practice Note sets out how to appoint a tribunal in an ad-hoc arbitration under the Arbitration Act 1996 (AA 1996)

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ICSID publishes 2025 caseload statistics reporting second-highest annual registrations

The International Centre for Settlement of Investment Disputes (ICSID) has published its 2025 caseload statistics, reporting that as of 31 December 2025 it had registered 1,085 arbitration and conciliation cases under the ICSID Convention and Additional Facility Rules since 1972. The latest edition of the 'ICSID Caseload – Statistics' records 63 new cases in 2025, the second-highest number registered in a calendar year. ICSID states that most new cases (58%) invoked its jurisdiction through bilateral investment treaties, followed by state-investor contracts (15%) and domestic investment laws (6%). Of the new cases, 56 are ICSID Convention arbitrations, six are Additional Facility arbitrations and one is a conciliation. Regionally, Sub-Saharan Africa accounted for the largest share of new cases in 2025 (24%), followed by South America (20%) and Eastern Europe and Central Asia (19%). By sector, mining represented 24% of new cases, oil and gas 21% and construction 16%. Of arbitrations concluded in 2025, 67% were decided by tribunals and 33% were settled or otherwise discontinued. Among cases decided by tribunals, 53% upheld investors’ claims in part or in full, while 31% rejected all claims on the merits; 11% declined jurisdiction and 5% were dismissed for manifest lack of legal merit. 60% of tribunal-decided cases resulted in no damages being awarded to investors. Women accounted for 30% of the 240 appointments made to ICSID cases in 2025.

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