What Are the London Court of International Arbitration (LCIA) Rules?

Arbitration is a form of dispute resolution that you may choose to use should your business face a commercial dispute. It is always best to resolve any business dispute as quickly and efficiently as possible. Ideally, this should be informally and amicably with the other company. If this is not possible, other methods, such as Alternative Dispute Resolution (ADR) may be applicable. If you opt for ADR, you might decide to appoint an arbitrator for the arbitration process and consider utilising the London Court of International Arbitration (LCIA) along with its rules. This article will provide insights into this institution and an understanding of the LCIA Rules.

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What is the London Court of International Arbitration?

The London Court of International Arbitration is an international commercial dispute resolution institution. It provides businesses with a range of ADR methods, including arbitration. 

The LCIA can provide these services under any legal system. This is evident as more than 80% of pending cases involve parties who are not of English nationality. The institution uses ADR professionals from around the world, which include:

• mediators;
• arbitrators; and
• ADR experts.

You must pay a registration fee if you wish to use the LCIA. Following this, you will need to pay their hourly rates, as well as that of the arbitrator you use. 

What Are the London Court of Arbitration Rules?  

The LCIA Rules are rules you can use for any type of arbitration dispute globally. They are reflective of both civil and standard law systems and have many beneficial features of each, such as:

• speedy appointment of arbitrators;
• the ability to choose jurisdiction;
• the potential to waive the right to plead;
• being able to pay in staged deposits rather than the whole amount before proceedings; and 
• providing ways to reduce delays. 

What Rules Are There?

There are a total of 37 rules presented in the form of 37 Articles. It also includes a preamble, an Index, and an Annex. Each Article provides information regarding standard arbitration procedures, such as what to do in specific situations, stages of the arbitration and formalities. The Articles are all listed below:

• 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 and Parties;
• Article 7: Party and Other Nominations;
• Article 8: Three or More Parties; 
• 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 14A Tribunal Secretary;
• Article 15 Written Stage of the Arbitration;
• Article 16: Seat of Arbitration, Place(s) of Hearing and Applicable Law;
• Article 17: Language(s) of Arbitration;
• Article 18: Authorised Representatives of a Party;
• Article 19: Hearing(s);
• Article 20: Witnesses;
• Article 21: Expert to Arbitral Tribunal;
• Article 22: Additional Powers;
• Article 22A: Power to Order Consolidation/Concurrent Conduct of Arbitration;
• Article 23: Jurisdiction and Authority;
• Article 24: Advance Payment for Costs;
• Article 24A: Compliance;
• 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 30A: Data Protection;
• Article 31: Limitation of Liability and Jurisdiction Clause; and
• Article 32: General Rules.

Key Takeaways

If your business faces a commercial dispute, as a business owner, you may engage in ADR. This can include arbitration proceedings. You might decide to use the LCIA, an international dispute resolution institution that offers a range of ADR services under different legal systems. The LCIA has specific rules governing commercial dispute arbitration. These are the 37 Articles that cover various topics related to the arbitration process. 

Each Article provides significant detail about the rule it relates to. For example, Article 2,  ‘Response’, details the period to respond and what should be in the response.  Also, Article 6, ‘Nationality of Arbitrators and Parties’, describes what nationality means and what to do when an arbitrator is a citizen of more than one State. In addition, Article 14A, ‘Tribunal Secretary’, explains the written declaration the person in this role must take and how parties to the tribunal must then approve of the tribunal secretary. 

If you need help understanding the London Court of Arbitration (LCIA) Rules, our experienced disputes 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. Call us today on 0808 196 8584 or visit our membership page.