1 Art 15.2; although the claimant can elect to treat the Request as its statement of case.
2 As regards the optional nature of the Response, see the discussion below in the context of arts 2.1 and 2.3.
3 Art 5.4. In the event of an expedited formation of the tribunal, the Court often appoints the tribunal prior to the submission of the Response (see the discussion in ch 4 below in the context of art 9).
5 It is nonetheless good practice to furnish such proof of authority at the outset of the proceedings.
9 eg, art 7(2) UNCITRAL Model Law (although the 2006 revisions to the Model Law also allow oral agreements as an option that a state may adopt) and s 5(2) Arbitration Act 1996.
The basis for the Registrar’s initial review of the Request and the invoked arbitration agreement may also be found in the preamble to the Rules which addresses the applicability of the Rules as follows:
13 See art 24.1 and the discussion in ch 8 below.
14 As discussed in ch 6 below, the parties subsequently are able to amend or supplement any claim, counterclaim, defence and reply, in accordance with art 22.1(a).
15 Art 4(3)(c) ICC Rules.
17 The basis on which the costs of arbitration are determined by the LCIA Court pursuant to art 28.1 is discussed in ch 8 below.
20 See arts 16 and 17 as regards the seat and language of the arbitration, respectively.
22 Art 8(4) ICC Rules and art 7.1 UNCITRAL Rules.
23 It is worth noting that the LCIA’s recommended arbitration clauses (at app 1) do not include such language, although the Secretariat can advise interested parties as to suitable language.
24 Art 7.2. The situation faced by a tardy respondent is more severe still, as the respondent’s right to nominate an arbitrator pursuant to the parties’ arbitration agreement is irrevocably waived if not exercised in the Response or within 30 days following receipt of the Request, as per art 2.3. In practice, as discussed in ch 4 below, the court does not readily ignore tardy nominations.
25 Art 3.4 1985 Rules provided that in the event that the arbitration agreement calls for party nominations, and ‘if the Request does not contain a nomination by the Claimant, and the Claimant fails to make such a nomination [within 30 days of the Respondent’s receipt of the Request], the Court will likewise make that appointment’. See also C Salans, ‘The 1985 Rules of the London Court of International Arbitration’ (1986) 2 Arb Int 40, 43.
26 Preamble to the Rules.
28 Arts 4(5) and 5(4) ICC Rules.
29 Art 5 ICC Rules and art 3 ICDR Rules.
30 eg, arbitrations conducted under the UNCITRAL Rules or in ICSID arbitration.
32 See the discussion below in ch 4 in the context of art 4.7.
36 It is interesting to note that an interim draft of the Rules did, in fact, empower the LCIA Court to extend the 30-day time limit under Article 2.1 ‘for cause shown’, which is similar to the practice in ICC arbitration under art 5(2) ICC Rules (Commentary 13).
37 Commentary 10–11. Further, whereas art 2.1 is now drafted in mandatory terms, the same provision in the 1985 Rules provided that ‘the Respondent may send to the Registrar a Response’ (emphasis added).
39 Although the Court will specifically canvass the parties’ views as regards the language and seat of the arbitration prior to making any determination pursuant to arts 16 and 17.
41 Art 186(2) PILA requires any objection to jurisdiction to be raised prior to any defence on the merits. Rule 41 ICSID Arbitration Rules also requires that any jurisdictional objections be raised as early as possible, and no later than the time fixed for submission of the counter-memorial.
45 Notwithstanding the absence of a prior agreement between the parties as to either the number of arbitrators or the method for their nomination, claimants occasionally nominate an arbitrator in their Request while, at the same time, seeking the respondent’s consent to such party nomination of arbitrators.
47 A Winstanley, ‘The LCIA — history, constitution and rules’ in A Berkeley and J Mimms (eds), International Commercial Arbitration: Practical Perspectives (Centre of Construction Law & Management, 2001) 21, 27.
48 Art 3 ICC Rules, art 18 ICDR Rules, and art 2 UNCITRAL Rules.
49 Art V(1)(b) New York Convention. See also art 36(1)(a)(ii) UNCITRAL Model Law.
50 Discussed in ch 7 below.
51 eg, under arts 5(2), 18(2), and 24(2) ICC Rules.