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

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

  • LMAA—the tribunal
  • Number of arbitrators
  • Scope of arbitral reference
  • Arbitrators accepting appointments on basis of the Terms

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.

Where an arbitration is commenced under the Terms and make no specific provision for the appointment of the arbitral tribunal, the default position in the Terms will apply.

Number of arbitrators

Paragraph 2(c) of the Terms provides an inclusive definition of 'tribunal' as:

  1. a sole arbitrator

  2. a tribunal of two or more arbitrators, and

  3. an umpire

In contrast to the Arbitration Act 1996 (AA 1996), the default position where reference is made to the Terms but no agreement is expressed as to the composition of the tribunal is that the tribunal shall consist of three arbitrators (paragraph 8(a) of the Terms). In that circumstance and unless agreed otherwise, paragraph 8(b) of the Terms provides the procedure by which the tribunal is constituted:

'(b) Subject to the terms of the arbitration agreement, the tribunal is to consist of three arbitrators:

(i) each party shall appoint one arbitrator not later than 14 days after service of a request in writing by either party to do so;

(ii) the two so appointed may at any time thereafter appoint a third arbitrator so long as they do so before any substantive hearing or forthwith if they cannot agree on any matter