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PRACTICE NOTES
This Practice Note considers the use of expedited (or fast-track) arbitration procedures pursuant to the London Court of International Arbitration (LCIA) Arbitration Rules 2020 (the LCIA Rules) effective from 1 October 2020. The LCIA does not currently offer a fast-track option of the LCIA Arbitration Rules. Nonetheless, users are permitted to build a bespoke fast-track procedure into (i) an arbitration clause; or (ii) a submission agreement made before or upon commencing an LCIA arbitration. For practical guidance on arbitration pursuant to the LCIA Rules 2020 and 2014, please see the relevant Practice Notes here: LCIA arbitration—overview. For guidance on the general topic of expedited (aka fast-track) arbitration, see Practice Note: Expedited (aka fast-track) arbitration. Fast-track arbitration procedure under the LCIA Rules Expedited arbitration rules invariably provide users with a non-exhaustive list of procedural items to ensure the expeditious determination of the arbitration. The list often includes the following dispute elements: • fees and costs: a cap on fees and recoverability of legal costs • monetary threshold: a cap on monetary value of claims and counterclaims
PRACTICE NOTES
This Practice Note concerns arbitration proceedings pursuant to the London Court of International Arbitration (LCIA) Arbitration Rules 2020 (the LCIA Rules) effective 1 October 2020. For practical guidance on arbitration pursuant to the LCIA Rules 2014 and 1998, the previous versions, see the relevant Practice Notes here: LCIA arbitration—overview. For more information on issues that may arise in multi-party arbitration and for comparisons with the arbitration rules of other institutions, see Practice Note: Multi-party and multi-contract arbitration—an introduction. Multi-party arbitration The LCIA Rules make some, but not many, specific provisions for multi-party arbitrations. In this Practice Note we identify stages of an arbitration where the LCIA Rules make relevant provisions. The issues of joinder and consolidation of multiple arbitrations are dealt with separately in Practice Note: LCIA (2020)—tribunal's duties and powers. In summary, an LCIA tribunal has the power to join a third person to an arbitration, given that party and the applicant party's express consent (LCIA, art 22.1(x)), which may be contained in the arbitration agreement or after the commencement of the arbitration. Afterwards, the tribunal
PRACTICE NOTES
This Practice Note concerns London Court of International Arbitration (LCIA) arbitration proceedings pursuant to the LCIA Rules 2020(the LCIA Rules) effective 1 October 2020. For practical guidance on arbitration pursuant to the LCIA Rules 2014 and 1998, the previous versions, see the relevant Practice Notes here: LCIA arbitration—overview. An arbitration is commenced under the LCIA Rules by the claimant delivering a Request for Arbitration (the Request) to the LCIA Registrar (the Registrar)—see Practice Note: LCIA (2020)—starting an arbitration. The claimant should also deliver a copy of the Request to each respondent at the same time. The primary method of delivery of communications, including the Request, is by email or other electronic means (LCIA, art 4.1). A respondent, who is aware of a dispute, should be careful to keep an eye on email inboxes and on any messaging services such as WhatsApp and WeChat, which may have been used during the transactions at issue. A Request will come from the claimant, not the LCIA, and it may be delivered in the same way as other communications
PRACTICE NOTES
This Practice Note concerns London Court of International Arbitration (LCIA) arbitration proceedings pursuant to the LCIA Arbitration Rules 2020 (the LCIA rules) effective 1 October 2020. For practical guidance on arbitration pursuant to the LCIA Arbitration Rules 2014 and 1998, the previous versions, see the relevant Practice Notes here: LCIA arbitration—overview. As a general matter, when a dispute arises, it is essential for parties and their advisors to review the dispute resolution clause in the relevant contract. Assuming that the clause provides for arbitration, they should check for: • any limitation period (either contractual or statutory) within which the arbitration must be started—see Practice Notes: Limitation periods in arbitration (England & Wales) and Foreign Limitation Periods Act 1984 • any pre-arbitration processes (in particular any form of alternative dispute resolution (ADR)) that must be followed prior to commencing arbitration—see Practice Note: AA 1996—starting an arbitration • what institutional rules or other procedures will govern the arbitration Parties should be aware that the method of starting an arbitration differs between institutional and ad hoc procedures. It
PRACTICE NOTES
This Practice Note concerns London Court of International Arbitration (LCIA) arbitration proceedings pursuant to the LCIA Arbitration Rules 2020 (the LCIA Rules) effective 1 October 2020. For practical guidance on arbitration pursuant to the LCIA Rules 2014 and 1998, the previous versions, please see the relevant Practice Notes here: LCIA arbitration—overview. Requirements of the award As a general matter, when an award is issued, parties should check that it complies with: • the requirements of any arbitration rules under which the arbitration was conducted • the laws of the country of the seat of arbitration (in England, Wales and Northern Ireland, the Arbitration Act 1996 (AA 1996)), and • the laws of the country where the award is likely to be enforced (insofar as compliance with those laws might be necessary for recognition and enforcement of the award) This Practice Note deals with the requirements of an award made in an LCIA arbitration. For general information about arbitral awards, see Practice Note: Arbitral awards—types and requirements. The LCIA Rules give primacy to making and transmitting awards
PRACTICE NOTES
This Practice Note concerns London Court of International Arbitration (LCIA) arbitration proceedings pursuant to the LCIA Arbitration Rules 2020 (the LCIA rules) effective 1 October 2020. For practical guidance on arbitration pursuant to the LCIA Rules 2014 and 1998, the previous versions, see the relevant Practice Notes here: LCIA arbitration—overview. In institutional arbitration, a tribunal’s duties are not only to the parties but also to the institution. The LCIA Rules impose a number of obligations on arbitrators but adopt a relatively light touch in comparison, for example, to the Arbitration Rules of the International Chamber of Commerce (ICC Rules). The LCIA Rules provide only a framework for an arbitration conducted in accordance with them but they set out clearly powers which the tribunal will have in every case and powers which it will have in default of agreement between the parties. It is particularly important to understand these duties and powers as a tribunal that acts in breach of its obligations under the LCIA Rules, or in excess of its powers, may cause an arbitral
CHECKLISTS
Before commencing the arbitration • assess any applicable limitation periods that affect when the claim needs to be issued • evaluate the claims you wish to raise in LCIA arbitration and ensure they are covered by the arbitration agreement referring the dispute to arbitration • determine where the award is likely to be enforced and whether any steps are required to protect assets, such as obtaining a freezing injunction • select nominations for the appointment of the tribunal. If party appointments are required, contact potential candidates to assess their suitability and availability, and confirm their independence • gather all the evidence you are likely to need, including preserving any electronic evidence that may be required • determine the number of arbitrators and note that, where the parties have not agreed, a sole arbitrator is appointed by default unless the LCIA Court considers a three-member tribunal more appropriate (Article 5.8) Emergency measures • apply for expedited formation of the tribunal in cases of exceptional urgency, noting the LCIA Court may shorten the timeframes for tribunal formation (Article 9A) • apply
PRACTICE NOTES
ARCHIVED : This Practice Note has been archived and is not maintained. It was announced on 15 January 2016 that, from 1 June 2016, the London Court of International Arbitration (LCIA) will service the needs of those who have adopted LICA India Rules from LCIA’s London office. As a result, LICA India Rules-based arbitration and mediation will no longer be offered. The LCIA will continue to fully support existing cases, and from 1 June 2016 these cases will be administered from London. Similarly, new referrals under the LCIA India Rules based on existing contracts and arbitration and mediation clauses will be administered from London. As a consequence of these changes, referrals-based on contracts concluded after 1 June 2016, which contain clauses referring to LCIA India, will not be accepted for administration, and the LCIA India Rules will be amended to reflect this. The LCIA would be willing to administer such cases under the LCIA Rules if both parties consented. LCIA India—the institution LCIA India is a subsidiary of the LCIA based in London. LCIA India offers the same
CHECKLISTS
ARCHIVED: This Flowchart has been archived and is not maintained. FORTHCOMING CHANGE: The LCIA published on 11 August 2020 the 2020 edition of its Arbitration Rules, which come into force on 1 October 2020 (the LCIA Rules 2020). They apply to all arbitrations commenced on and after that date. A new suite of Practice Notes for the LCIA Rules 2020 is being prepared. For guidance on the changes, see News Analyses:
NEWS
The London Court of International Arbitration (LCIA) has announced the retirement of LCIA Director General, Dr Jacomijn van Haersolte-van Hof, effective from 31 December 2024.
NEWS
The London Court of International Arbitration (LCIA) has announced its upcoming Tylney in Town symposiums, scheduled for 30 November 2024 in Miami as part of Miami Arbitration Week, 5 April 2025 in London and another event in Paris in April 2025 with the exact date yet to be confirmed. These events will feature a panel discussion and an interactive "Tylney-style" session, focusing on current developments and best practices in international commercial arbitration and dispute resolution. The symposiums aim to facilitate open dialogue among arbitrators, in-house counsel, practitioners, academics and business community members, providing an opportunity to discuss procedural and substantive issues in international arbitration. This event underscores the LCIA's commitment to fostering knowledge exchange and professional development in the field of international arbitration.
NEWS
The London Court of International Arbitration (LCIA) has announced appointments to the LCIA Court, effective from 20 May 2026. Nania Owusu-Ankomah has been appointed Vice President of the LCIA Court, having previously served as a Court Member. Three new Court Members have also been appointed: Carine Dupeyron (France), Shashank Garg (India) and Reza Mohtashami KC (UK). The appointments follow the departure of three outgoing Court Members: Raëd Fathallah, Marie Berard and Artem Doudko.