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LCIA Arbitration Rules
(adopted to take effect from 1 January 1985)

Rules

Article 1 - Request for Arbitration

Article 2 - Response by Respondent

Article 3 - The Arbitral Tribunal

Article 4 - Communications Between Parties and the Tribunal

Article 5 - Conduct of the Proceedings

Article 6 - Submission of Written Statements and Documents

Article 7 - Place of Arbitration

Article 8 - Language Of Arbitration

Article 9 - Party Representatives

Article 10 - Hearings

Article 11 - Witnesses

Article 12 - Experts Appointed by the Tribunal

Article 13 - Additional Powers of the Tribunal

Article 14 - Jurisdiction of the Tribunal

Article 15 - Deposits and Security

Article 16 - The Award

Article 17 - Correction of Awards and Additional Awards

Article 18 - Costs

Article 19 - Exclusion of Liability

Article 20 - General Rules

Schedule of Costs (effective I January 1985)

Administrative Costs

Costs of the Tribunal

Notes

Recommended Arbitration Clauses

Future disputes

Existing disputes

The London Court of International Arbitration (LCIA)

Background

Endnotes

Endnotes

Endnotes

Metadata

SiSU Metadata, document information

Manifest

SiSU Manifest, alternative outputs etc.

LCIA Arbitration Rules - (adopted to take effect from 1 January 1985)

London Court of International Arbitration (LCIA)

copy @ Lex Mercatoria

LCIA Arbitration Rules
(adopted to take effect from 1 January 1985)

Article 3 - The Arbitral Tribunal

3.1 In these Rules, the expression "the Tribunal" includes a sole arbitrator or all the arbitrators where more than one is appointed. All arbitrators (whether or not nominated by the parties) conducting an arbitration under these Rules shall be and remain at all times wholly independent and impartial, and shall not act as advocates for any party. Before appointment by the Court, if the Registrar so requests, any arbitrator shall furnish a resume of his past and present professional positions (which will be communicated to the parties). In any event every arbitrator shall sign a declaration to the effect that there are no circumstances likely to give rise to any justified doubts as to his impartiality or independence, and that he will forthwith disclose any such circumstances to the Court and to all the parties if they should arise after that time and before the arbitration is concluded.

3.2 The Court will appoint the Tribunal to determine the dispute as soon as practicable after receipt by the Registrar of the Response. or after the expiry of 30 days following receipt by the Respondent of the Request if no Response is received provided that the Registrar is satisfied that the Request has been properly served. A sole arbitrator will be appointed unless the parties have agreed otherwise, or unless the Court determines that in view of all the circumstances of the case a three-member tribunal is appropriate .

3.3 The Court alone is empowered to appoint arbitrators and such appointment will be made in the name of the Court by the President or any Vice President of the Court. The Court will appoint arbitrators with due regard for any particular method or criteria of selection agreed by the parties. In selecting arbitrators consideration will be given, so far as possible, to the nature of the contract, the nature and circumstances of the dispute, and the nationality, location and languages of the parties. Where the parties are of different nationalities, then unless they have agreed otherwise, sole arbitrators or chairmen are not to be appointed if they have the same nationality as any party (the nationality of parties being understood to include that of controlling shareholders or interests). If the parties have agreed that they are to nominate arbitrators themselves, or to allow two arbitrators, or a third party, to nominate an arbitrator, the Court may refuse to appoint such nominees if it determines that they arc not suitable or independent or impartial. In the ease of a three-member Tribunal the Court will designate the Chairman, who will not be a party-nominated arbitrator.

3.4 If the arbitration agreement calls for party nominations, and the Respondent fails to make such a nomination within the time limit established by Article 2. the Court will forthwith appoint an arbitrator in place of the arbitrator to be nominated by the Respondent. If the Request does not contain a nomination by the Claimant, and the Claimant fails to make such a nomination with the same time limit. the Court will likewise make that appointment.

3.5 In the event that the Court determines that a nominee is not suitable or independent or impartial, or if an appointed arbitrator is to be replaced, the Court shall have discretion to decide whether or not to follow the original nominating process. If it so decides any opportunity for renomination shall be waived if not exercised within 30 days, after which the Court shall appoint the replacement as soon as practicable.

3.6 If any arbitrator, after appointment, dies, refuses, or in the opinion of the Court becomes unable or unfit to act, the Court will, upon request by a party or by the remaining arbitrators. appoint another arbitrator in accordance with the provisions of Article 3.5. If in the opinion of the Court an arbitrator acts in manifest violation of these Rules. or does not conduct the proceedings with reasonable diligence. he will be considered unfit.

3.7 An arbitrator may be challenged if circumstances exist that give rise to justifiable doubts as to his impartiality or independence. A party may challenge an arbitrator it has nominated. or in whose appointment it has participated, only for reasons of which it becomes aware after the appointment has been made.

3.8 A party who intends to challenge an arbitrator shall, within fifteen days of the constitution of the Tribunal or after becoming aware of any circumstances referred to in Article 3.6 or 3.7, whichever is the later, send a written statement of the reasons for the challenge to the Court. Unless the challenged arbitrator withdraws or the other party agrees to the challenge within 15 days of receipt of the written statement of challenge, the Court shall decide on the challenge.

3.9 The decision of the Court with respect to all matters referred to in this Article shall be final. Such decisions are deemed to be administrative in nature, and the Court shall not be required to give reasons for them. To the extent permitted by the law of the place of arbitration the parties shall be taken to have waived any right of appeal in respect of any such decisions to a court of law or other judicial authority. If such appeals remain possible due to mandatory provisions of the law of the place of arbitration, the Court shall, subject to the provisions of the applicable law, decide whether the arbitral proceedings are to continue notwithstanding an appeal.


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