The following Arbitration guidance note provides comprehensive and up to date legal information covering:
This Practice Note concerns LCIA arbitration proceedings pursuant to the LCIA Arbitration Rules 2014 (the LCIA Rules) effective from 1 October 2014. For practical guidance on arbitration pursuant to the LCIA Rules 1998, the previous version, please see the relevant Practice Notes here: LCIA arbitration—overview.
A party who requires urgent assistance prior to the formation of a tribunal can apply to the LCIA Court under LCIA, art 9 for one or both of:
expedited formation of the tribunal (LCIA, art 9A)
appointment of an emergency arbitrator (LCIA, art 9B)
The LCIA has provided guidance on both procedures in its Notes on Emergency Procedures here.
A party may also apply to a court for relief pending the appointment of a tribunal or, in certain circumstances, after its appointment. For emergency relief available from the English courts, see:
AA 1996—interim and emergency measures—arbitration—England and Wales—overview
AA 1996—interim and/or emergency relief—tribunal or court?
AA 1996—interim and/or emergency relief—powers of the English court
However, in Gerald Metals v Timis, the Commercial Court dismissed an application for a freezing injunction and for the provision of information under AA 1996, s 44, finding that effective relief was potentially available under LCIA, arts 9A and 9B. This decision appears to limit the court’s powers under AA 1996, s 44.
Parties to LCIA proceedings should therefore take extra care when considering whether to
**excludes LexisPSL Practice Compliance, Practice Management and Risk and Compliance. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
0330 161 1234