LCIA (1998)—responding to a Request for Arbitration
LCIA (1998)—responding to a Request for Arbitration

The following Arbitration guidance note provides comprehensive and up to date legal information covering:

  • LCIA (1998)—responding to a Request for Arbitration
  • What to do on receiving the Request for Arbitration
  • Responding to the Request for Arbitration (art 2)
  • Failure to send a Response
  • Counterclaim

In order to commence an arbitration under the LCIA (formerly the London Court of International Arbitration) Rules, the claimant must send a Request for Arbitration (the Request) to the respondent and the LCIA Registrar, see Practice Note: LCIA—starting an arbitration.

Revised LCIA Rules came into force on 1 October 2014; see LCIA (2014)—arbitration under the LCIA Rules (2014).The LCIA Rules 1998 continue to apply to arbitrations commenced before 1 October 2014 unless the parties have agreed otherwise.

What to do on receiving the Request for Arbitration

Before replying to the Request, the respondent should see:

  1. if the claim has been brought within any relevant limitation period (as, if not, this will form a defence to the claim)

  2. if the notice names the correct person or entity

  3. that any pre-arbitration steps required by the arbitration agreement have been taken. For example, is there a pre-condition to mediate or engage in any other ADR procedure? If so, does the respondent with to try to enforce it? (see Cable & Wireless and Holloway v Chancery Mead)

  4. if the Request co