A Commentary on the LCIA Arbitration Rules 2014

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A Commentary on the LCIA Arbitration Rules 2014

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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

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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