LMAA—commencement and arbitration procedure

Produced in partnership with Shawn Kirby of Wikborg Rein
Practice notes

LMAA—commencement and arbitration procedure

Produced in partnership with Shawn Kirby of Wikborg Rein

Practice notes
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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,

Shawn Kirby
Shawn Kirby

Shawn is a Partner in Wikborg Rein’s London office with particular focus on complex contractual disputes in the energy and maritime fields.

He receives instructions from a wide range of jurisdictions and clients, including energy contractors and companies, shipowners, shipyards, charterers, insurers and P&I Clubs. Shawn’s practice encompasses LMAA, LCIA, ICC, SIAC, and ad hoc arbitrations as well as English court proceedings.

He is dual-qualified as an English solicitor and as a barrister and solicitor in New Zealand.

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Jurisdiction(s):
United Kingdom
Key definition:
Arbitration definition
What does Arbitration mean?

Generally, a private form of final and binding dispute resolution by an appointed arbitral tribunal acting in a quasi-judicial manner. Arbitration is, generally, founded on party agreement (the arbitration agreement), and regulated and enforced by national courts.

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