LMAA—commencement and arbitration procedure
Produced in partnership with Shawn Kirby of Wikborg Rein
LMAA—commencement and arbitration procedure

The following Arbitration practice note produced in partnership with Shawn Kirby of Wikborg Rein provides comprehensive and up to date legal information covering:

  • LMAA—commencement and arbitration procedure
  • Commencing arbitration under the Terms
  • Submissions under the Terms
  • Amendments to submissions
  • Further information requests
  • The LMAA Questionnaire
  • Chain arbitrations/concurrency
  • Preliminary meetings
  • Interlocutory applications
  • Communications and service
  • More...

LMAA—commencement and arbitration procedure

The London Maritime Arbitrators Association (LMAA) Terms 2021 (the Terms) apply to arbitrations commenced on or after 1 May 2021 where the parties have agreed that they apply. The Terms replaced the 2017 version (LMAA Terms 2017) which apply to arbitrations commenced between 1 May 2017 and 30 April 2021. 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 15, 16 and 17 (paragraphs 14, 15 and 16 in the LMAA Terms 2017) and the Sixth Schedule provides some additional guidance on the conduct of virtual and semi-virtual hearings. The Fourth Schedule also 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 15(a) of the Terms (paragraph 14(a) of the LMAA Terms 2017):

'(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

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