LCIA (1998)—starting an arbitration
LCIA (1998)—starting an arbitration

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

  • LCIA (1998)—starting an arbitration
  • Request for Arbitration
  • Date of commencement

When a dispute arises it is essential for parties and their advisors to review the dispute resolution clause in the relevant contract. Assuming that the clause provides for arbitration, they should check for:

  1. any limitation period (either contractual or statutory) within which the arbitration must be started

  2. any pre-arbitration processes (in particular any form of ADR) that must be conducted prior to commencing arbitration

  3. what institutional rules or other procedures will govern the arbitration

In this last case, parties must be aware that the method of starting an arbitration differs between institutions and ad hoc procedures. It is therefore important to check how the arbitration is to be started to ensure that it is started in time and to avoid disputes/delays over the commencement of the arbitration and appointment of the tribunal.

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.

Where the arbitration agreement provides for the dispute to be resolved by arbitration under the London Court of international Arbitration (LCIA) Arbitration Rules (the LCIA