LMAA—the award
Produced in partnership with Shawn Kirby of Wikborg Rein
LMAA—the award

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

  • LMAA—the award
  • Timing
  • Reasons
  • Payment of fees
  • Correction and expansion of award
  • Publication of anonymised award
  • Appeal

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.

An enforceable award is the ultimate aim of any arbitration and as such, it is important to ensure that any award rendered has complied with the rules under which it was produced. For more information on awards generally, see: AA 1996—the arbitral award—England and Wales—overview.

Timing

The Terms provide that arbitral awards 'should normally be available within not more than six weeks from the close of proceedings' and that in 'many cases, and in particular where the matter is one of urgency, the interval should be substantially shorter' (paragraph 22 of the Terms (paragraph 20 in the LMAA Terms 2012)).

In practice, this guidance is aspirational rather than definitive. The actual timing of delivery of awards very much depends on the availability of the tribunal and the complexity of the matter. However, generally the majority of awards are available within three months of the close of proceedings, and many are available within six weeks.

In BV Scheepswerf Damen Gorinchem v Marine Institute, the court held that where in an LMAA arbitration

Popular documents