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Contents
- Preliminary Material
- Main Text
- 1 Introduction
- 2 The Role of the LCIA’s Organs (Articles 3 and 29)
- 3 Starting the Arbitration (Articles 1, 2, and 4)
- Preliminary Material
- 3.01
- A Article 1 — The Request for Arbitration
- 3.02
- Art.1.1
- 3.03
- Description of the parties
- The arbitration agreement and other relevant contractual documentation
- The LCIA’s initial review of the Request
- Description of the parties’ dispute and the claims advanced
- Other matters relating to the conduct of the arbitration and appointment of the arbitral tribunal
- Claimant’s nomination of an arbitrator
- The registration fee
- Confirmation of service of the Request on all parties
- Art.1.2
- B Article 2 — The Response
- C Article 4 — Notices and Periods of Time
- 4 The Arbitral Tribunal: Formation and Challenge (Articles 5 to 13)
- Preliminary Material
- 4.01
- 4.02
- 4.03
- 4.04
- 4.05
- A Article 5 — Formation of the Arbitral Tribunal
- B Article 6 — Nationality of Arbitrators
- C Article 7 — Party and Other Nominations
- D Article 8 — Three or More Parties
- E Article 9 — Expedited Formation
- F Article 10 — Revocation of Arbitrator’s Appointment
- G Article 11 — Nomination and Replacement of Arbitrators
- H Article 12 — Majority Power to Continue Proceedings
- I Article 13 — Communications between Parties and the Arbitral Tribunal
- 5 Conduct of the Arbitration (Articles 14 to 21)
- Preliminary Material
- 5.01
- A Article 14 — Conduct of the Proceedings
- B Article 15 — Submission of Written Statements and Documents
- C Article 16 — Seat of Arbitration and Place of Hearings
- D Article 17 — Language of Arbitration
- E Article 18 — Party Representation
- F Article 19 — Hearings
- G Article 20 — Witnesses
- H Article 21 — Experts to the Arbitral Tribunal
- 6 The Powers of the Arbitral Tribunal (Articles 22, 23, and 25)
- Preliminary Material
- 6.01
- 6.02
- A Article 22 — Additional Powers of the Arbitral Tribunal
- B Article 23 — Jurisdiction of the Arbitral Tribunal
- C Article 25 — Interim and Conservatory Measures
- 7 Awards (Articles 26 and 27)
- 8 Costs (Articles 24 and 28)
- 9 Miscellaneous Provisions (Articles 30, 31, and 32)
- Further Material
- [No Title]
- Appendix 1 Recommended LCIA Arbitration Clauses
- Appendix 2 LCIA Arbitration Rules
- Art.1 The Request for Arbitration
- Art.2 The Response
- Art.3 The LCIA Court and Registrar
- Art.4 Notices and Periods of Time
- Art.5 Formation of the Arbitral Tribunal
- Art.6 Nationality of Arbitrators
- Art.7 Party and Other Nominations
- Art.8 Three or More Parties
- Art.9 Expedited Formation
- Art.10 Revocation of Arbitrator’s Appointment
- Art.11 Nomination and Replacement of Arbitrators
- Art.12 Majority Power to Continue Proceedings
- Art.13 Communications between Parties and the Arbitral Tribunal
- Art.14 Conduct of the Proceedings
- Art.15 Submission of Written Statements and Documents
- Art.16 Seat of Arbitration and Place of Hearings
- Art.17 Language of Arbitration
- Art.18 Party Representation
- Art.19 Hearings
- Art.20 Witnesses
- Art.21 Experts to the Arbitral Tribunal
- Art.22 Additional Powers of the Arbitral Tribunal
- Art.23 Jurisdiction of the Arbitral Tribunal
- Art.24 Deposits
- Art.25 Interim and Conservatory Measures
- Art.26 The Award
- Art.27 Correction of Awards and Additional Awards
- Art.28 Arbitration and Legal Costs
- Art.29 Decisions by the LCIA Court
- Art.30 Confidentiality
- Art.31 Exclusion of Liability
- Art.32 General Rules
- Appendix 3 Schedule of the LCIA’s Arbitration Fees and Costs
- 1 Administrative charges under LCIA Rules, UNCITRAL Rules, or other, ad hoc , rules or procedures
- 2 Request to act as Appointing Authority only *
- 3 Request to act in deciding challenges to arbitrators in non-LCIA arbitrations *
- 4 Fees and expenses of the Tribunal *
- 5 Deposits
- 6 Interest on deposits
- 7 Interim payments
- 8 Registrar’s authority
- 9 Arbitration costs
- Appendix 4 Constitution of the LCIA Arbitration Court
- Appendix 5 Membership of the LCIA Arbitration Court
- Appendix 6 Directives of the LCIA Arbitration Court under Articles 24, 26, and 28
- Appendix 7 Constitution of the LCIA Users’ Councils
- Appendix 8 The English Arbitration Act 1996
- 1996 Chapter 23
- Arrangement of Sections
- Part I Arbitration Pursuant to an Arbitration Agreement
- Introductory
- The arbitration agreement
- Stay of legal proceedings
- Commencement of arbitral proceedings
- The arbitral tribunal
- 15 The arbitral tribunal
- 16 Procedure for appointment of arbitrators
- 17 Power in case of default to appoint sole arbitrator
- 18 Failure of appointment procedure
- 19 Court to have regard to agreed qualifications
- 20 Chairman
- 21 Umpire
- 22 Decision-making where no chairman or umpire
- 23 Revocation of arbitrator’s authority
- 24 Power of court to remove arbitrator
- 25 Resignation of arbitrator
- 26 Death of arbitrator or person appointing him
- 27 Filling of vacancy, & c
- 28 Joint and several liability of parties to arbitrators for fees and expenses
- 29 Immunity of arbitrator
- Jurisdiction of the arbitral tribunal
- The arbitral proceedings
- 33 General duty of the tribunal
- 34 Procedural and evidential matters
- 35 Consolidation of proceedings and concurrent hearings
- 36 Legal or other representation
- 37 Power to appoint experts, legal advisers or assessors
- 38 General powers exercisable by the tribunal
- 39 Power to make provisional awards
- 40 General duty of parties
- 41 Powers of tribunal in case of party’s default
- Powers of court in relation to arbitral proceedings
- The award
- 46 Rules applicable to substance of dispute
- 47 Awards on different issues, & c
- 48 Remedies
- 49 Interest
- 50 Extension of time for making award
- 51 Settlement
- 52 Form of award
- 53 Place where award treated as made
- 54 Date of award
- 55 Notification of award
- 56 Power to withhold award in case of non-payment
- 57 Correction of award or additional award
- 58 Effect of award
- Costs of the arbitration
- Powers of the court in relation to award
- Miscellaneous
- Supplementary
- 76 Service of notices, & c
- 77 Powers of court in relation to service of documents
- 78 Reckoning periods of time
- 79 Power of court to extend time limits relating to arbitral proceedings
- 80 Notice and other requirements in connection with legal proceedings
- 81 Saving for certain matters governed by common law
- 82 Minor definitions
- 83 Index of defined expressions: Part I
- 84 Transitional provisions
- Part II Other Provisions Relating to Arbitration
- Domestic arbitration agreements
- Consumer arbitration agreements
- Small claims arbitration in the county court
- Appointment of judges as arbitrators
- Statutory arbitrations
- 94 Application of Part I to statutory arbitrations
- 95 General adaptation of provisions in relation to statutory arbitrations
- 96 Specific adaptations of provisions in relation to statutory arbitrations
- 97 Provisions excluded from applying to statutory arbitrations
- 98 Power to make further provision by regulations
- Part III Recognition and Enforcement of Certain Foreign Awards
- Enforcement of Geneva Convention awards
- Recognition and enforcement of New York Convention awards
- Part IV General Provisions
- Schedules
- Sch.2 Modifications of Part I in relation to judge-arbitrators
- Introductory
- General
- Arbitrator’s fees
- Exercise of court powers in support of arbitration
- Extension of time for making award
- Withholding award in case of non-payment
- Correction of award or additional award
- Costs
- Enforcement of award
- Solicitors’ costs
- Powers of court in relation to service of documents
- Powers of court to extend time limits relating to arbitral proceedings
- Sch.3 Consequential amendments
- Merchant Shipping Act 1894 (c. 60)
- Stannaries Court (Abolition) Act 1896 (c. 45)
- Tithe Act 1936 (c. 43)
- Education Act 1944 (c. 31)
- Commonwealth Telegraphs Act 1949 (c. 39)
- Lands Tribunal Act 1949 (c. 42)
- Wireless Telegraphy Act 1949 (c. 54)
- Patents Act 1949 (c. 87)
- National Health Service (Amendment) Act 1949 (c. 93)
- Arbitration Act 1950 (c. 27)
- Interpretation Act (Northern Ireland) 1954 (c. 33 (N.I.))
- Agricultural Marketing Act 1958 (c. 47)
- Carriage by Air Act 1961 (c. 27)
- Factories Act 1961 (c. 34)
- Clergy Pensions Measure 1961 (No. 3)
- Transport Act 1962 (c. 46)
- Corn Rents Act 1963 (c. 14)
- Plant Varieties and Seeds Act 1964 (c. 14)
- Lands Tribunal and Compensation Act (Northern Ireland) 1964 (c. 29 (N.I.))
- Industrial and Provident Societies Act 1965 (c. 12)
- Carriage of Goods by Road Act 1965 (c. 37)
- Factories Act (Northern Ireland) 1965 (c. 20 (N.I.))
- Commonwealth Secretariat Act 1966 (c. 10)
- Arbitration (International Investment Disputes) Act 1966 (c. 41)
- Poultry Improvement Act (Northern Ireland) 1968 (c. 12 (N.I.))
- Industrial and Provident Societies Act (Northern Ireland) 1969 (c. 24 (N.I.))
- Health and Personal Social Services (Northern Ireland) Order 1972 (N.I.14)
- Consumer Credit Act 1974 (c. 39)
- Friendly Societies Act 1974 (c. 46)
- Industry Act 1975 (c. 68)
- Industrial Relations (Northern Ireland) Order 1976 (N.I.16)
- Aircraft and Shipbuilding Industries Act 1977 (c. 3)
- Patents Act 1977 (c. 37)
- Judicature (Northern Ireland) Act 1978 (c. 23)
- Health and Safety at Work (Northern Ireland) Order 1978 (N.I.9)
- County Courts (Northern Ireland) Order 1980 (N.I.3)
- Supreme Court Act 1981 (c. 54)
- Merchant Shipping (Liner Conferences) Act 1982 (c. 37)
- Agricultural Marketing (Northern Ireland) Order 1982 (N.I.12)
- Mental Health Act 1983 (c. 20)
- Registered Homes Act 1984 (c. 23)
- Housing Act 1985 (c. 68)
- Landlord and Tenant Act 1985 (c. 70)
- Credit Unions (Northern Ireland) Order 1985 (N.I.12)
- Agricultural Holdings Act 1986 (c. 5)
- Insolvency Act 1986 (c. 45)
- Building Societies Act 1986 (c. 53)
- Mental Health (Northern Ireland) Order 1986 (N.I.4)
- Multilateral Investment Guarantee Agency Act 1988 (c. 8)
- Copyright, Designs and Patents Act 1988 (c. 48)
- Fair Employment (Northern Ireland) Act 1989 (c. 32)
- Limitation (Northern Ireland) Order 1989 (N.I.11)
- Insolvency (Northern Ireland) Order 1989 (N.I.19)
- Social Security Administration Act 1992 (c. 5)
- Social Security Administration (Northern Ireland) Act 1992 (c. 8)
- Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52)
- Industrial Relations (Northern Ireland) Order 1992 (N.I.5)
- Registered Homes (Northern Ireland) Order 1992 (N.I.20)
- Education Act 1993 (c. 35)
- Roads (Northern Ireland) Order 1993 (N.I.15)
- Merchant Shipping Act 1995 (c. 21)
- Industrial Tribunals Act 1996 (c. 17)
- Sch.4 Repeals
- 1996 Chapter 23
- Appendix 9 UNCITRAL Model Law on International Commercial Arbitration
- Resolutions Adopted by the General Assembly
- 40/72. Model Law on International Commercial Arbitration of the United Nations Commission on International Trade Law
- [on the report of the Sixth Committee (A/61/453)]
- Part One UNCITRAL Model Law on International Commercial Arbitration
- Ch.I General Provisions
- Art.1 Scope of Application
- Art.2 Definitions and Rules of Interpretation
- Art.2 A International Origin and General Principles
- Art.3 Receipt of Written Communications
- Art.4 Waiver of Right to Object
- Art.5 Extent of Court Intervention
- Art.6 Court or Other Authority for Certain Functions of Arbitration Assistance and Supervision
- Ch.II Arbitration Agreement
- Ch.III Composition of Arbitral Tribunal
- Ch.IV Jurisdiction of Arbitral Tribunal
- Ch.IV A Interim Measures and Preliminary Orders
- Ch.V Conduct of Arbitral Proceedings
- Art.18 Equal Treatment of Parties
- Art.19 Determination of Rules of Procedure
- Art.20 Place of Arbitration
- Art.21 Commencement of Arbitral proceedings
- Art.22 Language
- Art.23 Statements of Claim and Defence
- Art.24 Hearings and Written Proceedings
- Art.25 Default of a Party
- Art.26 Expert Appointed by Arbitral Tribunal
- Art.27 Court Assistance in Taking Evidence
- Ch.VI Making of Award and Termination of Proceedings
- Ch.VII Recourse Against Award
- Ch.VIII Recognition and Enforcement of Awards
- Ch.I General Provisions
- Part Two Explanatory Note by the UNCITRAL Secretariat on the 1985 Model Law on International Commercial Arbitration as Amended in 2006
- 1
- 2
- 3
- 4
- A Background to the Model Law
- B Salient features of the Model Law
- 1 Special procedural regime for international commercial arbitration
- 2 Arbitration agreement
- 3 Composition of arbitral tribunal
- 4 Jurisdiction of arbitral tribunal
- 5 Conduct of arbitral proceedings
- 6 Making of award and termination of proceedings
- 7 Recourse against award
- 8 Recognition and enforcement of awards
- Part Three Recommendation Regarding the Interpretation of Article II, Paragraph 2, and Article VII, Paragraph 1, of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, done in New York, 10 June 1958, adopted by the United Nations Commission on International Trade Law on 7 July 2006 at its Thirty-ninth Session
- Resolutions Adopted by the General Assembly
- Appendix 10 LCIA Mediation Procedure
- Art.1 Commencing Mediation — Prior Existing Agreements to Mediate
- Art.2 Commencing Mediation — no Prior Agreement
- Art.3 Appointment of Mediator
- Art.4 Statements by the Parties
- Art.5 Conduct of the Mediation
- Art.6 Conclusion of the Mediation
- Art.7 Settlement Agreement
- Art.8 Costs
- Art.9 Judicial or Arbitral Proceedings
- Art.10 Confidentiality and Privacy
- Art.11 Exclusion of Liability
- Appendix 11 DIFC-LCIA Arbitration Rules
- Art.1 The Request for Arbitration
- Art.2 The Response
- Art.3 The LCIA Court, the Registrar and the DIFC-LCIA Registrar
- Art.4 Notices and Periods of Time
- Art.5 Formation of the Arbitral Tribunal
- Art.6 Nationality of Arbitrators
- Art.7 Party and Other Nominations
- Art.8 Three or More Parties
- Art.9 Expedited Formation
- Art.10 Revocation of Arbitrator’s Appointment
- Art.11 Nomination and Replacement of Arbitrators
- Art.12 Majority Power to Continue Proceedings
- Art.13 Communications between Parties and the Arbitral Tribunal
- Art.14 Conduct of the Proceedings
- Art.15 Submission of Written Statements and Documents
- Art.16 Seat of Arbitration and Place of Hearings
- Art.17 Language of Arbitration
- Art.18 Party Representation
- Art.19 Hearings
- Art.20 Witnesses
- Art.21 Experts to the Arbitral Tribunal
- Art.22 Additional Powers of the Arbitral Tribunal
- Art.23 Jurisdiction of the Arbitral Tribunal
- Art.24 Deposits
- Art.25 Interim and Conservatory Measures
- Art.26 The Award
- Art.27 Correction of Awards and Additional Awards
- Art.28 Arbitration and Legal Costs
- Art.29 Decisions by the LCIA Court
- Art.30 Confidentiality
- Art.31 Exclusion of Liability
- Art.32 General Rules
- Bibliography
- Index
