Arbitration Only Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the Arbitration Rules of the DIFC — LCIA Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause. The language to be used in the arbitration shall be [ ]. The governing law of the contract shall be the substantive law of [ ]. Mediation Only In the event of a dispute arising out of or relating to this contract, including any question regarding its existence, validity or termination, the parties shall seek settlement of that dispute by mediation in accordance with the Mediation Rules of the DIFC-LCIA Arbitration Centre, which Rules are deemed to be incorporated by reference into this clause.
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Article 1 The Request for Arbitration 1. The Request including all accompanying documents should be submitted to the DIFC-LCIA Registrar in two copies where a sole arbitrator should be appointed, or, if the parties have agreed or the Claimant considers that three arbitrators should be appointed, in four copies. Article 2 The Response 2. Article 4 Notices and Periods of Time 4. If the last day of such period is an official holiday or a non-business day at the residence or place of business of the addressee, the period is extended until the first business day which follows.
Official holidays or non-business days occurring during the running of the period of time are included in calculating that period. Article 5 Formation of the Arbitral Tribunal 5. All references to an arbitrator shall include the masculine and feminine. No arbitrator, whether before or after appointment, shall advise any party on the merits or outcome of the dispute. Each arbitrator shall thereby also assume a continuing duty forthwith to disclose any such circumstances to the LCIA Court, to any other members of the Arbitral Tribunal and to all the parties if such circumstances should arise after the date of such declaration and before the arbitration is concluded.
A sole arbitrator shall be appointed unless the parties have agreed in writing otherwise, or unless the LCIA Court determines that in view of all the circumstances of the case a three-member tribunal is appropriate.
The LCIA Court will appoint arbitrators with due regard for any particular method or criteria of selection agreed in writing by the parties. In selecting arbitrators consideration will be given to the nature of the transaction, the nature and circumstances of the dispute, the nationality, location and languages of the parties and if more than two the number of parties.
Article 6 Nationality of Arbitrators 6. Article 7 Party and Other Nominations 7. The LCIA Court may refuse to appoint any such nominee if it determines that he is not suitable or independent or impartial. Likewise, if the Request for Arbitration does not contain a nomination by the Claimant where the parties have howsoever agreed that the Claimant or a third person is to nominate an arbitrator, the LCIA Court may appoint an arbitrator notwithstanding the absence of the nomination and without regard to any late nomination.
Article 8 Three or More Parties 8. Article 9 Expedited Formation 9. A party may challenge an arbitrator it has nominated, or in whose appointment it has participated, only for reasons of which it becomes aware after the appointment has been made. Unless the challenged arbitrator withdraws or all other parties agree to the challenge within 15 days of receipt of the written statement, the LCIA Court shall decide on the challenge.
Article 11 Nomination and Replacement of Arbitrators Article 12 Majority Power to Continue Proceedings The reasons for such determination shall be stated in any award, order or other decision made by the two arbitrators without the participation of the third arbitrator. Article 13 Communications between Parties and the Arbitral Tribunal Article 14 Conduct of the Proceedings Such agreements shall be made by the parties in writing or recorded in writing by the Arbitral Tribunal at the request of and with the authority of the parties.
Article 15 Submission of Written Statements and Documents Any counterclaims shall be submitted with the Statement of Defence in the same manner as claims are to be set out in the Statement of Case.
Article 16 Seat of Arbitration and Place of Hearings Failing such a choice, the seat of arbitration shall be the Dubai International Financial Centre, Dubai, unless and until the LCIA Court determines in view of all the circumstances, and after having given the parties an opportunity to make written comment, that another seat is more appropriate. Article 17 Language of Arbitration Article 18 Party Representation Article 19 Hearings Article 20 Witnesses If the Arbitral Tribunal orders that other party to produce the witness and the witness fails to attend the oral hearing without good cause, the Arbitral Tribunal may place such weight on the written testimony or exclude the same altogether as it considers appropriate in the circumstances of the case.
The Arbitral Tribunal may put questions at any stage of his evidence. Article 21 Experts to the Arbitral Tribunal Article 22 Additional Powers of the Arbitral Tribunal If and to the extent that the Arbitral Tribunal determines that the parties have made no such choice, the Arbitral Tribunal shall apply the law s or rules of law which it considers appropriate. Article 23 Jurisdiction of the Arbitral Tribunal For that purpose, an arbitration clause which forms or was intended to form part of another agreement shall be treated as an arbitration agreement independent of that other agreement.
A decision by the Arbitral Tribunal that such other agreement is non-existent, invalid or ineffective shall not entail ipso jure the non-existence, invalidity or ineffectiveness of the arbitration clause. A plea that the Arbitral Tribunal is exceeding the scope of its authority shall be raised promptly after the Arbitral Tribunal has indicated its intention to decide on the matter alleged by any party to be beyond the scope of its authority, failing which such plea shall also be treated as having been waived irrevocably.
In any case, the Arbitral Tribunal may nevertheless admit an untimely plea if it considers the delay justified in the particular circumstances. Article 24 Deposits In such circumstances, the party paying the substitute payment shall be entitled to recover that amount as a debt immediately due from the defaulting party. Article 25 Interim and Conservatory Measures Such terms may include the provision by the claiming or counterclaiming party of a cross-indemnity, itself secured in such manner as the Arbitral Tribunal considers appropriate, for any costs or losses incurred by such respondent in providing security.
The amount of any costs and losses payable under such cross-indemnity may be determined by the Arbitral Tribunal in one or more awards; b to order the preservation, storage, sale or other disposal of any property or thing under the control of any party and relating to the subject matter of the arbitration; and c to order on a provisional basis, subject to final determination in an award, any relief which the Arbitral Tribunal would have power to grant in an award, including a provisional order for the payment of money or the disposition of property as between any parties.
Such terms may include the provision by that other party of a cross-indemnity, itself secured in such manner as the Arbitral Tribunal considers appropriate, for any costs and losses incurred by such claimant or counterclaimant in providing security.
The amount of any costs and losses payable under such cross-indemnity may be determined by the Arbitral Tribunal in one or more awards. Any application and any order for such measures after the formation of the Arbitral Tribunal shall be promptly communicated by the applicant to the Arbitral Tribunal and all other parties. However, by agreeing to arbitration under these Rules, the parties shall be taken to have agreed not to apply to any state court or other judicial authority for any order for security for its legal or other costs available from the Arbitral Tribunal under Article Article 26 The Award The award shall also state the date when the award is made and the seat of the arbitration; and it shall be signed by the Arbitral Tribunal or those of its members assenting to it.
Failing a majority decision on any issue, the chairman of the Arbitral Tribunal shall decide that issue. The Arbitral Tribunal may order that simple or compound interest shall be paid by any party on any sum awarded at such rates as the Arbitral Tribunal determines to be appropriate, without being bound by legal rates of interest imposed by any state court, in respect of any period which the Arbitral Tribunal determines to be appropriate ending not later than the date upon which the award is complied with.
Such awards shall have the same status and effect as any other award made by the Arbitral Tribunal. A Consent Award need not contain reasons. If the parties do not require a consent award, then on written confirmation by the parties to the LCIA Court that a settlement has been reached, the Arbitral Tribunal shall be discharged and the arbitration proceedings concluded, subject to payment by the parties of any outstanding costs of the arbitration under Article By agreeing to arbitration under these Rules, the parties undertake to carry out any award immediately and without any delay subject only to Article 27 ; and the parties also waive irrevocably their right to any form of appeal, review or recourse to any state court or other judicial authority, insofar as such waiver may be validly made.
Article 27 Correction of Awards and Additional Awards If the Arbitral Tribunal considers the request to be justified, it shall make the corrections within 30 days of receipt of the request. Any correction shall take the form of separate memorandum dated and signed by the Arbitral Tribunal or if three arbitrators those of its members assenting to it; and such memorandum shall become part of the award for all purposes.
If the Arbitral Tribunal considers the request to be justified, it shall make the additional award within 60 days of receipt of the request.
The provisions of Article 26 shall apply to any additional award. Article 28 Arbitration and Legal Costs Unless the parties agree otherwise in writing, the Arbitral Tribunal shall determine the proportions in which the parties shall bear all or part of such arbitration costs.
If the Arbitral Tribunal has determined that all or any part of the arbitration costs shall be borne by a party other than a party which has already paid them to the DIFC-LCIA Arbitration Centre, the latter party shall have the right to recover the appropriate amount from the former party. The Arbitral Tribunal shall determine and fix the amount of each item comprising such costs on such reasonable basis as it thinks fit.
Any order for costs shall be made with reasons in the award containing such order. In the event that such arbitration costs are less than the deposits made by the parties, there shall be a refund by the DIFC-LCIA Arbitration Centre in such proportion as the parties may agree in writing, or failing such agreement, in the same proportions as the deposits were made by the parties to the LCIA.
Such decisions are to be treated as administrative in nature and the LCIA Court shall not be required to give any reasons. If such appeals or review remain possible due to mandatory provisions of any applicable law, the LCIA Court shall, subject to the provisions of that applicable law, decide whether the arbitral proceedings are to continue, notwithstanding an appeal or review. Article 30 Confidentiality Article 31 Exclusion of Liability Article 32 General Rules
LCIA Mediation Rules
Message from the Institutions: Arbitration and COVID 16 April Many parties and tribunals have turned to us at the arbitral institutions for information and guidance in the wake of the COVID outbreak, and we are very conscious that these are challenging times for everyone. As is being demonstrated daily across the globe, cooperation and collaboration is at the centre of an effective response to Covid Our respective institutions are committed to working together at this time for this purpose. Collaboration is particularly important as each of our institutions looks to ensure that we make the best use of digital technologies for working remotely. We encourage parties and arbitrators to discuss any impact of the pandemic and potential ways to address it in an open and constructive manner.
Arbitration Rules 2008
For example, it has become fairly commonplace for case management conferences to be run using virtual meetings or video conferencing, and it is not uncommon — where the circumstances justify it — for cross-examination of some witnesses and experts to take place remotely. The international nature of disputes has also made electronic document storage, trial presentation and electronic bundling a practical option for many arbitrations. All that being said, until very recently, remote hearings at the substantive stages of the case remained the exception rather than the norm and printed hearing bundles remained commonplace. The COVID pandemic has created an unprecedented need for arbitral institutions to adapt at very short notice to new and different ways of working, and offer solutions to parties and practitioners that will enable disputes to continue to be resolved in a time of quarantine and enforced social distancing. The leading arbitral institutions have issued a joint statement encouraging parties and tribunals to be constructive in their approach to the challenges presented by COVID
Article 1 The Request for Arbitration 1. The Request including all accompanying documents should be submitted to the DIFC-LCIA Registrar in two copies where a sole arbitrator should be appointed, or, if the parties have agreed or the Claimant considers that three arbitrators should be appointed, in four copies. Article 2 The Response 2. Article 4 Notices and Periods of Time 4. If the last day of such period is an official holiday or a non-business day at the residence or place of business of the addressee, the period is extended until the first business day which follows. Official holidays or non-business days occurring during the running of the period of time are included in calculating that period.
Insight & Knowledge
Article 1 Request for Arbitration 1. If submitted in paper form, the Request shall be submitted in two copies where a sole arbitrator is to be appointed, or, if the parties have agreed or the Claimant proposes that three arbitrators are to be appointed, in four copies. Article 2 Response 2. If submitted in paper form, the Response shall be submitted in two copies where a sole arbitrator is to be appointed, or, if the parties have agreed or the Respondent proposes that three arbitrators are to be appointed, in four copies. Failure to deliver any or any part of a Response within time or at all shall not by itself preclude the Respondent from denying any claim or from advancing any defence or cross-claim in the arbitration. Article 4 Written Communications and Periods of Time 4.