LCIA (2014)—general guidelines for legal representatives
LCIA (2014)—general guidelines for legal representatives

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

  • LCIA (2014)—general guidelines for legal representatives
  • What should I advise my client?
  • The parties' central obligation (LCIA, art 18.5)
  • The potential sanctions for non-compliance (LCIA, art 18.6)
  • The general guidelines (LCIA, Annex)

This Practice Note concerns arbitration proceedings pursuant to the London Court of International Arbitration (LCIA) Arbitration Rules 2014 (the LCIA Rules) effective 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.

While parties to arbitration under the LCIA Rules are not obliged to be legally represented, it is usual for a party to have some form of representative. In changes to the LCIA Rules in 2014, a code of conduct for party representatives, referred to as 'general guidelines', was introduced. It contains a truncated and selective version of the International Bar Association (IBA) Guidelines on Party Representation in International Arbitration.

What should I advise my client?

As discussed in greater detail below, although the LCIA's general guidelines are intended to regulate the conduct of legal representatives in LCIA arbitrations, the responsibility for ensuring compliance with the general guidelines falls primarily on the parties to an LCIA arbitration. Accordingly, it is important that practitioners advise their clients fully as to their obligations pursuant to the LCIA Rules.

It is advised that once a dispute has crystallised and LCIA arbitration proceedings are being contemplated, practitioners should write to their client setting out their obligations pursuant to the LCIA Rules and explain the unusual, and perhaps unexpected,