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If you fall into a commercial dispute with another business, it is in your interest as a business owner to resolve it as amicably as possible. However, this may not always work. If your dispute resolution fails, you should resolve it without commercial litigation, if possible. Taking a business disagreement to the commercial court can be costly and lengthy. Instead, you could try Alternative Dispute Resolution (ADR). This is an alternative method to court litigation and includes, for example, arbitration which results in an arbitration agreement after the arbitral tribunal.
Arbitration is where you and the other party agree on an arbitrator or panel of them to hear your commercial dispute. They will then make a decision, which is an arbitral award. You may wish to use the London Court of International Arbitration (LCIA) arbitration for this. The LCIA court has arbitration rules which you can use for your arbitration proceedings. The LCIA arbitration rules contain LCIA rules about legal costs and a replacement arbitrator, for example, in arbitral tribunals. This article will explain the London Court of International Arbitration (LCIA) arbitration rules about witnesses.
What are the London Court of International Arbitration (LCIA) Arbitration Rules?
The London Court of International Arbitration (LCIA) is an international institution which is globally known for its commercial dispute resolution services. This includes both arbitration and mediation.
The London Court of International Arbitration (LCIA) Arbitration Rules are rules you may choose to use to resolve a commercial dispute through arbitration. The rules are detailed in 38 Articles. They can be helpful for any type of arbitration dispute and contain rules on, for example:
- emergency arbitrators and
- the ability to waive the right to appeal during arbitration.
The Arbitration Rules can also ensure that arbitration is:
- speedy;
- efficient; and
- flexible.
What are the London Court of International Arbitration (LCIA) Arbitration Rules About Witnesses?
One of the London Court of International Arbitration Rules concerns witnesses to arbitration. This is Article 20, which contains 9 sub-rules. Witnesses are a vital part of any dispute method, so having rules on them for arbitration is particularly helpful. Below, we explain in our own words the details of “Article 20 Witnesses” of the London Court of International Arbitration.
This guide outlines how to resolve commercial disputes.
The sub-rules in Article 20 apply to all expert witnesses and facts that either party to the arbitration rely upon for their evidence. The first sub-rule 20.1 states this.
Article 20 Witnesses: sub-rules
Below are the sub-rules for Article 20.
20.2:
The Arbitral Tribunal can order you or the other party to confirm your witnesses by written notice before any hearing, and this includes the:
- subject;
- content; and
- relevance.
20.3
Unless otherwise specified, witness testimonies will be as a written, signed document.
20.4
It is up to the Arbitral Tribunal to decide how written testimonies are passed between parties to the Arbitral Tribunal, and this includes the:
- time;
- manner; and
- form.
The Arbitral Tribunal may also have the power over written and oral testimonies in terms of:
- allowing them;
- refusing them; and
- limiting them.
20.5
Where part of the arbitration proceedings relies on witness testimony, the Arbitral Tribunal can ask them to attend a hearing for oral questioning. If they do not do so without a good reason, the Arbitral Tribunal can either :
- consider the written testimony;
- consider only part of it; or
- exclude the written testimony from the arbitral proceedings
20.6
A party may ask a witness to attend a hearing, which includes interviewing them orally to allow the presentation of the written testimony or simply having them present. They can only do this if the applicable law allows it and providing an order of the Arbitral Tribunal does not say anything contrary.
20.7
Anyone attending the arbitral hearing to testify, regardless of their role in the business, including if they are a party to the arbitration, shall be treated as a witness to the arbitration
20.8
Before the oral testimony of a witness, the Arbitral Tribunal can, if it wishes and also if it complies with the law, ask them to carry out an oath or affirmation
20.9
The arbitral tribunal controls parties to the arbitration questioning witnesses and allows them to question them during any stage of the Arbitral Tribunal.
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Key Takeaways
Your business and the other party in a commercial dispute may choose arbitration as a form of alternative dispute resolution (ADR) to help resolve the dispute. If you choose arbitration, you may find it helpful to use the London Court of Arbitration (LCIA) Rules. These rules are in 38 Articles and can be useful for disputes in any legal system. They can help make arbitration proceedings more speedy and efficient. Rule 20 details all the rules about witnesses to the arbitration proceedings. This contains nine of the sub-rules explained in this article. For example, 20.3 explains that witness testimonies will be in writing and signed unless otherwise specified.
If you need help understanding the London Court of International Arbitration (LCIA) arbitration rules about witnesses in the UK, LegalVision’s experienced disputes and litigation solicitors can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents for a low monthly fee. So call us today on 0808 196 8584 or visit our membership page.
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