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NEWS
The London Maritime Arbitrators Association (LMAA) Committee has amended certain fees and recoverable costs prescribed in relation to LMAA arbitrations. These amendments affect the limitations on costs. The amendments are effective from 31 March 2024.
NEWS
The London Maritime Arbitrators Association (LMAA) has reported on its caseload statistics for 2023. LMAA arbitrators reported 3,268 new appointments under LMAA Terms and Procedures in an estimated 1,845 references, an increase on 2022, and the highest since 2014. The LMAA has also said that, in LMAA references, arbitrators published an estimated 436 awards in 2023, which is higher than in 2022. Of the 436 awards in 2023, 69 were made after oral hearings and 95 were made under the ‘documents only’ Small Claims Procedure. The LMAA has said the number of awards in 2023 may indicate that more cases were resolved by reference to documents and written submissions only, a particularly efficient and cost-effective procedure in appropriate cases.
NEWS
The London Maritime Arbitrators Association (LMAA) has reported on its caseload statistics for 2024. LMAA arbitrators reported 3006 new appointments under LMAA Terms and Procedures in an estimated 1,733 references. In LMAA references, arbitrators published an estimated 478 awards in 2024, of which 75 awards were made after oral hearings. The LMAA has said the number of awards in 2024 represent another year of solid statistics and underline the continuing prominence of LMAA arbitration in dispute resolution.
PRACTICE NOTES
The LMAA The London Maritime Arbitrators Association (LMAA) was founded on 12 February 1960 at a 'meeting of the Arbitrators on the Baltic Exchange Approved List' but asserts links and traditions stretching back more than 300 years. When it was founded, the LMAA was intended to be an association of individuals who were regularly and fairly frequently acting as arbitrators in London maritime disputes, either as sole arbitrators or with other LMAA members (see the LMAA Guidelines for Full Membership). As an organisation, the LMAA has no secretariat or function in administrating arbitrations that are undertaken pursuant to the LMAA Terms 2021 (the Terms); that role is the responsibility of the arbitrators, and to some extent the parties themselves. This streamlined system can lead to prompt constitution of tribunals and reduced costs when compared with arbitration under other well-known international arbitration rules. The LMAA has reported that more maritime disputes are referred to arbitration in London than to any other place
PRACTICE NOTES
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. 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 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, the Second Schedule contains what is referred to as the ‘normal procedure’ in paragraph 15(a) of the Terms
PRACTICE NOTES
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). There is an express obligation in the Terms for both the parties and the tribunal to 'actively consider ways to make the arbitral process as cost-effective and efficient as possible' (Second Schedule, paragraph 13). That requires, inter alia, that the parties adhere to procedures set out in the Second and Fourth Schedules, unless an alternative approach can be justified in the interests of efficiency. Costs in LMAA arbitrations can vary widely depending on the nature of the dispute and the approach taken by the parties and tribunal. Unlike other arbitral rules, there is no central body to administer the application of the Terms so there are no institutional overheads to cover. The only fees paid by the parties, beyond their own legal expenses and disbursements,
PRACTICE NOTES
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. 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
PRACTICE NOTES
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. 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 of awards 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 23 of the Terms). 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.
PRACTICE NOTES
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. 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: • a sole arbitrator • a tribunal of two or more arbitrators, and • 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
NEWS
The Lloyd's Market Association (LMA), in conjunction with the Aviation Committees of the LMA, IUA, LIIBA and HFW have updated clause AVS103 (50/50 Provisional Claims Settlement Clause) to reflect the end of LIBOR at the end of 2021. Various amendments have been agreed and it has been published as AVS103A. The LMS warn practitioners to note that due to the end of LIBOR, any policy which contains AVS103 may need to be reviewed.
LMU
GLOSSARY
Liabilities Management Unit: A unit set up within the DTI (Department of Trade and Industry, now BIS) to strengthen its ability to drive forward work on the nuclear legacy and help to prepare the ground for the NDA. (For more information see the White Paper – Managing the Nuclear Legacy.)
PRACTICE NOTES
CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 19 December 2019; it is no longer maintained. See further, timeline. Case facts Outline UK merger investigation into the anticipated acquisition of MCD Productions by LN-Gaiety Holdings. The transaction involves vertical overlaps in relation to the promotion of live music events in Northern Ireland. Latest developments On 19 December 2019, the CMA issued its final report, clearing the transaction unconditionally after an in-depth phase 2 investigation. Parties LN-Gaiety Holdings Limited (LN-Gaiety) is a joint-venture between Live Nation Entertainment Inc (Live Nation) and Gaiety Investments based in London, UK which runs music festivals. Live Nation manages artists, operates venues and provides ticketing services through Ticketmaster, which it owns.MCD Productions Unlimited Company (MCD), based in Dublin, Ireland, runs music festivals and promotes live music events. MCD is currently owned by Gaiety. Market(s) The promotion of live music, in particular the following markets: • the provision of primary ticketing services (Ticketing Services) for live music events in Ireland, including Northern Ireland•