The following Arbitration practice note produced in partnership with Shawn Kirby of Wikborg Rein provides comprehensive and up to date legal information covering:
The London Maritime Arbitrators Association (LMAA) Terms 2017 (the Terms) apply to arbitrations commenced on or after 1 May 2017 where the parties have agreed that they apply. The Terms replaced the 2012 version (LMAA Terms 2012) which apply to arbitrations commenced between 1 January 2012 and 30 April 2017. Relevant differences, including paragraph numbering, are noted below.
Where an arbitration agreement provides for arbitration under the Terms, parties should be clear as to the procedure of the arbitration. The bulk of the guidance on LMAA arbitral procedure is found in the Second Schedule to the Terms, although the tribunal’s procedural powers are also addressed in the body of the Terms, in particular at paragraphs 14, 15 and 16 (paragraphs 12, 13 and 14 in the LMAA Terms 2012). The Fourth Schedule (the Checklist in the LMAA Terms 2012) contains guidelines for improving the efficiency and cost effectiveness of LMAA arbitration.
While the tribunal retains the ultimate power over all procedural and evidential matters, the Second Schedule contains what is referred to as the 'normal procedure' in paragraph 14(a) of the Terms (paragraph 12(a) of the LMAA Terms 2012):
'(a) It shall be for the tribunal to decide all procedural and evidential matters, but the tribunal will where appropriate have regard to any agreement reached by the parties on such matters. The normal procedure to be adopted
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