A Commentary on the LCIA Arbitration Rules 2014

Arbitration / Mediation / Litigation

A Commentary on the LCIA Arbitration Rules 2014

Edited by Shai Wade · Philip Clifford · James Clanchy
Sweet & Maxwell U.K. January 2015

Specifications

ISBN-13
9781847035608
Publisher
Sweet & Maxwell U.K.
Publication
January 2015
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only
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A Commentary on the LCIA Arbitration Rules 2014 is the first full length book on the new LCIA Rules. It provides a thorough assessment of the Rules and their legal and historical context, as well as advice on areas for consideration when choosing the LCIA Rules or conducting an arbitration under them.

It highlights the differences and innovations in the new Rules and discusses their implications. The commentary extends to the new Annex, containing Guidelines for legal representatives, and to the Schedule of Costs. The book also provides practitioners with a substantial set of invaluable reference materials for use in conjunction with the Rules.

From the first considerations for drafting an arbitration agreement to the conduct of the proceedings themselves, A Commentary on the LCIA Arbitration Rules 2014 is the text to have at your side.

  • Gives both English and international practitioners, whether specialists in arbitration or not, practical background information when choosing or dealing with the LCIA Rules for an arbitration
  • Explains features of administered arbitration under the LCIA Rules and draws comparisons with ad hoc, trade association and other institutional arbitration proceedings
  • Goes through every aspect of the proceedings so you have expert guidance throughout
  • Explains the LCIA's procedures for the selection and appointment of Arbitral Tribunals and Emergency Arbitrators
  • Covers issues that need to be considered when nominating candidates for an Arbitral Tribunal
  • Discusses the challenge, removal or replacement of arbitrators
  • Summarises and discusses published challenge decisions of the LCIA Court
  • Discusses the changes to the LCIA Rules introduced in 2014, including the Guidelines for legal representatives and the Emergency Arbitrator procedure
  • Includes chapters on LCIA India, DIFC-LCIA in Dubai and MIAC-LCIA in Mauritius
  • Includes a substantial and invaluable set of reference materials for use with the Rules

Table of Contents

Foreword by V.V Veeder QC

PART I—INTRODUCTION

Introduction
The LCIA’s Growth and its Users;
The Modern LCIA, its Aims and Organisation
Overview of the LCIA Rules
Underlying Theories
Other Characteristics of the LCIA Rules

PART II—COMMENTARY ON THE LCIA RULES

Article 1 – Request for Arbitration;
Article 2 – Response
Article 3 – LCIA Court and Registrar
Article 4 – Written Communications and Periods of Time
Article 5 – Formation of Arbitral Tribunal
Article 6 – Nationality of Arbitrators
Article 7 –
Party and Other Nominations
Article 8 – Three or More Parties
Articles 9A, 9B and 9C
Article 9A - Expedited Formation of Arbitral Tribunal
Article 9B - Emergency Arbitrator
Article 9C - Expedited Appointment of Replacement Arbitrator;
Article 10 – Revocation and Challenges
Article 11 – Nomination and Replacement;
Article 12 – Majority Power to Continue Deliberations
Article 13 – Communications Between Parties and Arbitral Tribunal
Article 14 – Conduct of Proceedings
Article 15 – Written Statements;
Article 16 – Seat(s) of Arbitration and Place(s) of Hearing
Article 17 – Language(s) of Arbitration
Article 18 – Legal Representatives;
Article 19 – Oral Hearings;
Article 20 – Witness(es);
Article 21 – Expert(s) to Arbitral Tribunal
Article 22 – Additional Powers
Article 23 – Jurisdiction and Authority;
Article 24 – Deposits
Article 25 – Interim and Conservatory Measures
Article 26 – Award(s)
Article 27 – Correction of Award(s) and Additional Award(s)
Article 28 – Arbitration Costs and Legal Costs
Article 29 – Determinations and Decisions by LCIA Court
Article 30 – Confidentiality
Article 31 – Limitation of Liability;
Article 32 – General Rules
Annex to the LCIA Rules General Guidelines for the Parties’ Legal Representatives (Articles 18.5 and 18.6 of the LCIA Rules);
Schedule of Arbitration Costs (LCIA)

PART III—COMMENTARY ON THE LCIA RECOMMENDED CLAUSES

Introduction
Future disputes
Existing disputes

PART IV—DIFC-LCIA ARBITRATION CENTRE by Robert Karrar-Lewsley

Introduction
Background;
The DIFC-LCIA and its Rules;
Conclusion

PART V—LCIA INDIA by Ciccu Mukhopadhaya, SC

Introduction
Background – The Indian arbitration market
Legal framework for arbitration in India: the (Indian) 1996 Act;
LCIA India;
LCIA India Rules;
Notes for Arbitrators;

PART VI—LCIA-MIAC ARBITRATION CENTRE by Duncan Bagshaw

Mauritius
The arbitration environment in Africa
The development of the Mauritius infrastructure
The LCIA-MIAC Arbitration Centre and the LCIA-MIAC Arbitration Rules
The future

PART VII—APPENDICES
Appendix 1 – LCIA Arbitration Rules 2014
Appendix 2 – Schedule of Arbitration Costs (LCIA)
Appendix 3 – Constitution of the LCIA Arbitration Court
Appendix 4 – LCIA Arbitration Rules 1998
Appendix 5 – LCIA Mediation Rules
Appendix 6 – Recommended Clauses;
Appendix 7 – Arbitration Act 1996 (1996 Chapter 23)
Appendix 8 – The DAC Reports on the Arbitration Bill 1996
Appendix 9 – New York Convention 1958
Appendix 10 – UNCITRAL Model Law on International Commercial
Arbitration 1985 (with amendments as adopted in 2006)
Appendix 11 – UNCITRAL Arbitration Rules (as revised in 2010);
Appendix 12 – IBA Rules on the Taking of Evidence in International Arbitration;
Appendix 13 – 2014 IBA Guidelines on Conflicts of Interest in International Arbitration;
Appendix 14 – IBA Guidelines on Party Representation in International
Arbitration
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