Produced in partnership with Shawn Kirby of Wikborg Rein

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

  • LMAA—evidence
  • Documentary evidence
  • Factual witness evidence
  • Expert witness evidence

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.

Documentary evidence

Submissions should be accompanied by supporting documentation relevant to the issues (Second Schedule, paragraph 1(c)). That is often limited to the relevant contractual documents and key items of correspondence or reports. A more thorough exchange of relevant documents tends to occur following the exchange of LMAA Questionnaires (see Practice Note: LMAA—commencement and arbitration procedure), although a party can seek disclosure of relevant documents at any stage (paragraph 9 of the Second Schedule).

The scope of disclosure provided will be for the tribunal to decide if the parties cannot agree. The Terms do provide the following general guidance as to the scope of disclosure (paragraph 9 of the Second Schedule):

'… Parties will not generally be required to provide broader disclosure than is required by the courts. Generally a party will only be required to disclose the documents on which it relies or which adversely affect its own case, as well as documents which either support or affect the other party’s case.'

In practice, two different approaches to disclosure are

Popular documents