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Arbitration is a quick and affordable form of alternative dispute resolution (ADR), used to resolve commercial disputes. If you choose this method for your dispute, an arbitrator, rather than a court judge, will decide the binding outcome and final award between you and the other party. The London Court of International Arbitration (LCIA) has a set of useful arbitration rules that you and the other party may elect to follow. They include rules about:
- electronic communication;
- emergency arbitrators;
- application procedures; and
- written notices and accompanying documents.
This article will explain three key London Court of International Arbitration Rules for arbitral tribunals.
Why Should I Choose the LCIA?
The LCIA Rules are a series of rules you can choose to use for your arbitral proceedings.
The LCIA is an institution with a global reach and its rules apply to a range of different countries. As a result, your business will have access to a variety of expert arbitrators and other ADR professionals. Additionally, you do not have to be a member of the LCIA to use their services but may need to pay a registration fee.
As you can apply them globally, the LCIA Rules combine elements of different legal systems. Some of the benefits of the rules are that you may:
- quickly appoint an arbitrator for your dispute;
- waive the right to appeal arbitration decisions;
- have a tribunal choose the location and applicable laws for the arbitration; and
- pay fees in intervals.
Three Key LCIA Rules
There are a total of 38 articles that comprise the LCIA rules. When using these rules, you should consider three key ones:
- request for arbitration;
- written communications and period of time; and
- conduct of proceedings.
Article 1: Request for Arbitration
This rule is crucial because it concerns starting commercial arbitration with the other party. It states that, when you wish to begin arbitration, you must deliver a written request to the LCIA. There are several things this must contain, such as:
- your details, including your name, nationality, email, postal address, and phone number;
- your representative’s details;
- a brief summary of your dispute; and
- a statement about any procedural details, such as what language the arbitration will be in.
This rule also examines other issues about the request for arbitration, such as that the arbitration begins once the registrar receives the electronic request.
Article 4: Written Communications and Periods of Time
Article 4 of the LCIA rules details several rules about written communication and time periods during the arbitration procedure. For example, it details that communication will usually be through electronic means. This means that, once it reaches their online inbox, the communication has been officially received.
However, the LCIA or Arbitral Tribunal can vary this if they wish.
This rule also contains details about how to calculate a period of time. It explains that a period of time will:
- begin a day after either party receives written communication; and
- include official holidays and non-business days.
However, a period will be extended by one business day if the final day of the period is an official holiday or non-business day for the receiving party.
Article 14: Conduct of Proceedings
This rule explains how to conduct arbitration proceedings, such as the general duties of the Arbitral Tribunal. This includes to that they must:
- be fair and partial with every party to the arbitration and allow each the chance to have their case heard and respond;
- ensure that the arbitration procedure is fair, efficient and expeditious in reaching a decision, avoiding delays and expenses where it can.
Article 14 also details, for example, that the tribunal can expedite the arbitral procedure by creating procedural orders. This can occur in several ways, such as:
- not allowing witness testimony to exceed a certain length; and
- using technology to make the arbitration procedure faster and more efficient.
This guide outlines how to resolve commercial disputes.
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Key Takeaways
If you fall into a commercial dispute, you may use arbitration as an ADR method to resolve it in a legally binding way. The LCIA is an institution that you may use to administer your arbitration. It has 38 main rules which may help you effectively progress with solving your issue. The three key rules you should be aware of are:
- request for arbitration;
- written communications and period of time; and
- conduct of proceedings.
If you need help understanding the LCIA rules in the UK, LegalVision’s experienced disputes and litigation lawyers 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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