DIFC-LCIA arbitration (2016)—procedure and evidence
Produced in partnership with Alec Emmerson of ADR Management Consultancies
DIFC-LCIA arbitration (2016)—procedure and evidence

The following Arbitration guidance note Produced in partnership with Alec Emmerson of ADR Management Consultancies provides comprehensive and up to date legal information covering:

  • DIFC-LCIA arbitration (2016)—procedure and evidence
  • Approach to procedure and evidence
  • Initial procedural steps and tribunal’s powers
  • Default procedure
  • Seat of arbitration
  • Applicable law
  • Language of arbitration
  • Legal representatives
  • Hearings
  • Witness evidence
  • more

This Practice Note considers the procedure and evidence under the DIFC-LCIA Arbitration Rules 2016 (the Rules), which apply to arbitration proceedings commencing on or after 1 October 2016. The 2008 version of the Rules is available on the institution's website.

Approach to procedure and evidence

DIFC-LCIA procedure is often considered to be an English-style common law procedure. However, it is in some respects quite similar to other arbitral institutions which are not ‘common law’ grounded at all and it is certainly not a procedure that relies upon any sort of pure pleadings phase (without reference to documents) but rather applies a common standard in international arbitration (of producing pleadings accompanied by documents) overlaid by what might be termed the basic principles to be applied. Those principles rely heavily upon party autonomy, flexibility and consultation, as found at DIFC-LCIA, art 14 entitled ‘Conduct of Proceedings’, but backed up by specific steps in DIFC-LCIA, arts 15–22 including default procedures.

Initial procedural steps and tribunal’s powers

DIFC-LCIA, art 14.1 encourages the parties and the tribunal to make contact, whether by hearing, telephone conference call, video conference or exchange of correspondence, as soon as practicable, but in any event not later than 21 days from receipt of the Registrar's written notification of the formation of the tribunal. Parties can agree on joint proposals for the conduct of their arbitration