Terms and Conditions of Appointment as Independent Arbitrator
1. Status and Capacity
1.1 Meredith Arbitration accepts appointments solely in the capacity of independent arbitrator.
1.2 No solicitor–client, advisory, fiduciary, or representative relationship is created by any appointment.
1.3 The arbitrator acts independently and impartially in accordance with the applicable arbitration agreement, arbitral rules, and governing law.
2. Applicable Rules and Law
2.1 The arbitration shall be conducted in accordance with:
the arbitration agreement between the parties; and
any agreed arbitral rules (including, where applicable, the LCIA Rules or ICC Rules of Arbitration).
2.2 These Terms and Conditions apply to the extent they are not inconsistent with mandatory provisions of the applicable arbitration agreement, arbitral rules, or law.
3. Independence and Disclosure
3.1 The arbitrator confirms independence and impartiality at the time of appointment and undertakes to make any continuing disclosures required under applicable arbitral rules or law.
3.2 The parties acknowledge that disclosure does not imply the existence of a conflict or lack of independence.
4. Duties of the Parties
4.1 The parties shall cooperate in good faith to enable the fair, efficient, and expeditious conduct of the arbitration.
4.2 The parties shall treat the arbitrator, the proceedings, and all communications with appropriate professional courtesy.
5. Fees and Expenses
5.1 The arbitrator’s fees shall be calculated on the basis agreed with the parties or in accordance with the applicable arbitral rules.
5.2 Reasonable expenses incurred in connection with the arbitration shall be reimbursed.
5.3 The arbitrator may require advance deposits on account of fees and expenses (which may be held by the LCIA as deposit holder if so agreed) and may suspend work in the event of non-payment, subject to applicable rules and law.
6. Confidentiality
6.1 The arbitrator shall treat the arbitration, all materials, and all communications as confidential, subject to:
the parties’ agreement;
applicable arbitral rules; or
any legal or regulatory obligation of disclosure.
6.2 The parties acknowledge that confidentiality does not prevent compliance with lawful disclosure obligations.
7. Data Protection
7.1 The arbitrator will process personal data in connection with the arbitration in accordance with applicable data protection law, including the UK GDPR and the Data Protection Act 2018.
7.2 The parties acknowledge that such processing is necessary for the conduct of the arbitration, including communications, disclosures, decision-making, and the issuance of orders and awards.
7.3 Further information is set out in the Privacy Policy published on the Meredith Arbitration website.
8. Immunity and Limitation of Liability
8.1 The arbitrator shall not be liable for any act or omission in connection with the arbitration, save in the case of fraud or bad faith, to the fullest extent permitted by applicable law.
8.2 This limitation applies to:
procedural decisions;
interlocutory orders;
the final award; and
any administrative or case management activities.
8.3 Nothing in these Terms excludes liability that cannot be excluded as a matter of law.
9. Complaints
9.1 Any complaint relating to professional conduct or administrative matters (and not the merits of any decision or award) shall be addressed in accordance with the Complaints Policy.
9.2 The complaints process does not provide a mechanism for reviewing or challenging arbitral decisions, which are governed exclusively by applicable arbitral rules and law.
10. Communications
10.1 Communications with the arbitrator shall be conducted in accordance with the procedural directions issued in the arbitration.
10.2 The arbitrator may communicate with the parties jointly or separately as permitted by applicable rules and law.
11. Resignation, Removal, and Replacement
11.1 Any resignation, challenge, or removal of the arbitrator shall be governed by the applicable arbitration agreement, arbitral rules, and law.
11.2 No provision of these Terms limits any rights available to the parties under applicable institutional rules.
12. Governing Law
12.1 These Terms and Conditions are governed by and shall be construed in accordance with the law of England and Wales.
13. Acceptance
13.1 By confirming the appointment, the parties are deemed to have accepted these Terms and Conditions.