Lex Mundi Global Arbitration Institutions Guide |
|
International (LCIA) |
|
(International)
Firm
Steptoe LLP
Contributors
Jonathan Raynes |
|
Name of Arbitral Institution; with abbreviation, if any. | The London Court of International Arbitration ("LCIA") |
Where is the seat of the Arbitral Institution? | The LCIA is headquartered in London. The seat of each arbitration need not be London. |
Is there an umbrella organization for the Arbitral Institution? | No. |
How is the Arbitral Institution structured? | The Company (a not for profit company), the Arbitration Court (who appoints tribunals, determines challenges and controls costs) and the Secretariat (who deal with day-to-day administration). |
Is there a compulsory list of arbitrators that parties are required to choose from? | No. All arbitrators are appointed by the LCIA Court, and although the Court will have regard to selection criteria agreed between the parties and party nominees it will assess suitability. There is no compulsory list from arbitrators must be drawn. |
Can the place of arbitration freely be chosen by the parties? Is there a default place of arbitration? | The parties may agree in writing the seat of the arbitration at any time before the formation of the tribunal, and afterwards with the tribunal's consent. If no place has been chosen by the parties, the default place of arbitration is London, England. |
What is the amount of the registration fee? | £1,750 |
What is the average cost of an arbitration in the following cases? 1 arbitrator, amount in dispute = $1 million | It is very difficult to estimate fees as there is a great deal of autonomy as to the procedure. The arbitrators fee reflects time spent on an hourly rate basis. A reasonable figure for the costs of the LCIA and the tribunal, but not the party's own costs, is likely to be around USD 35,000. |
What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $10 million | It is very difficult to estimate fees as there is a great deal of autonomy as to the procedure. The arbitrators fee reflects time spent on an hourly rate basis. A reasonable figure for the costs of the LCIA and the tribunal, but not the party's own costs, is likely to be around USD 100,000. |
What is the average cost of an arbitration in the following cases? 3 arbitrators, amount in dispute = $100 million | It is very difficult to estimate fees as there is a great deal of autonomy as to the procedure. The arbitrators fee reflects time spent on an hourly rate basis. A reasonable figure for the costs of the LCIA and the tribunal, but not the party's own costs, is likely to be around USD 200,000. |
Who pays advances on costs? What happens in the event of default? | The arbitral tribunal decides the proportions in which the parties will pay the arbitration costs if the parties are not able to agree on the liability for such costs. The arbitral tribunal also has the power to decide by an award that all or part of the expenses incurred by a party be paid by another party. |
Does the Arbitral Institution have formalistic procedures (e.g. terms of reference) that must be complied with? If so, which ones? | No. The claimant must file a Request and the respondent, a Response. The remainder of the procedure is determined by the tribunal, having regard to the wishes of the parties. |
Which languages can be used for communication with the Arbitral Institution? | The LCIA is headquartered in London, England but operates globally, and there is no restriction. |
Who is the main point of contact for the parties within the Arbitral Institution? | The LCIA Secretariat. |
Are there restrictions on the language that the arbitration may be conducted in? | No. |
Who appoints substitute arbitrators? | Any party may apply to the LCIA Court for the appointment of a replacement arbitrator. |
Are there specific regulations for multi-party arbitrations or joinders to the proceedings? | Yes. The rules allow arbitration to be commenced against multiple parties or allow one or more third persons to be joined in the arbitration as a party, so long as they have consented (either in an original arbitration agreement or on an ad hoc basis). |
Are oral hearings compulsory? | No. However in the absence of an agreement to the contrary, any party may insist upon an oral hearing. |
What are common evidence-taking practices? | This is a matter for the tribunal to determine, having regard to the express wishes of the parties. In arbitrations in London, typically there would be limited disclosure, factual and expert statements, and oral examination at trial. |
What is the average duration of arbitration proceedings? | Typically around 18 months, seldom less than a year and rarely more than two years. |
What is the timeframe for rendering the award? | Typically between two to four months from the conclusion of evidence and submissions. |
Are extensions to time limits permissible? | Yes, the LCIA Court may extend any period of time under the Arbitration Agreement. Our perception is that the LCIA is more focused on a timely award than other bodies such as the ICC. |
Can the arbitral tribunal impose interim measures? Is there a competing competency of the ordinary courts with regard to interim measures? | The LCIA rules provide for interim measures including the expedited formation of a tribunal, without prejudice to the parties' right to apply to a local court. |
Do the institutional rules provide for an emergency arbitrator? | Yes, see Article 9B of the LCIA Arbitration Rules. |
Are there any specific regulations for expedited proceedings? If so, is there a deadline for rendering such an award? | Any party may apply to the LCIA Court for expedited proceedings. |
Are arbitral awards submitted for scrutiny? If so, to whom? | No. |
Do costs necessarily follow the event? | No, but there is a presumption that the tribunal should make an award of the costs of the arbitration - including the parties' own legal expenses - in a way that reflects relative success and failure. It is therefore commonly the case that costs follow the event. |
Can an arbitral award be annulled in your jurisdiction? If yes, do the reasons for annulment in principle correspond to the reasons for denial of enforcement according to the New York Convention? | Under English law, an award can be challenged on a point of law, serious irregularity, or jurisdiction. The NY convention rules are applied with regard to the enforcement of award to which the convention applies. |
Link to institutional rules | http://www.lcia.org/Dispute_Resolution_Services/lcia-arbitration-rules-2014.aspx |
Link to model clause | http://www.lcia.org/Dispute_Resolution_Services/LCIA_Recommended_Clauses.aspx |
Lex Mundi Global Arbitration Institutions Guide
International (LCIA)
(International) Firm Steptoe LLPContributors Jonathan Raynes
Updated 31 Oct 2018The London Court of International Arbitration ("LCIA")
The LCIA is headquartered in London. The seat of each arbitration need not be London.
No.
The Company (a not for profit company), the Arbitration Court (who appoints tribunals, determines challenges and controls costs) and the Secretariat (who deal with day-to-day administration).
No. All arbitrators are appointed by the LCIA Court, and although the Court will have regard to selection criteria agreed between the parties and party nominees it will assess suitability. There is no compulsory list from arbitrators must be drawn.
The parties may agree in writing the seat of the arbitration at any time before the formation of the tribunal, and afterwards with the tribunal's consent. If no place has been chosen by the parties, the default place of arbitration is London, England.
£1,750
It is very difficult to estimate fees as there is a great deal of autonomy as to the procedure. The arbitrators fee reflects time spent on an hourly rate basis. A reasonable figure for the costs of the LCIA and the tribunal, but not the party's own costs, is likely to be around USD 35,000.
The parties' own costs are typically considerably greater.
It is very difficult to estimate fees as there is a great deal of autonomy as to the procedure. The arbitrators fee reflects time spent on an hourly rate basis. A reasonable figure for the costs of the LCIA and the tribunal, but not the party's own costs, is likely to be around USD 100,000.
The parties' own costs are typically considerably greater.
It is very difficult to estimate fees as there is a great deal of autonomy as to the procedure. The arbitrators fee reflects time spent on an hourly rate basis. A reasonable figure for the costs of the LCIA and the tribunal, but not the party's own costs, is likely to be around USD 200,000.
The parties' own costs are typically considerably greater.
The arbitral tribunal decides the proportions in which the parties will pay the arbitration costs if the parties are not able to agree on the liability for such costs. The arbitral tribunal also has the power to decide by an award that all or part of the expenses incurred by a party be paid by another party.
No. The claimant must file a Request and the respondent, a Response. The remainder of the procedure is determined by the tribunal, having regard to the wishes of the parties.
The LCIA is headquartered in London, England but operates globally, and there is no restriction.
The LCIA Secretariat.
No.
Any party may apply to the LCIA Court for the appointment of a replacement arbitrator.
Yes. The rules allow arbitration to be commenced against multiple parties or allow one or more third persons to be joined in the arbitration as a party, so long as they have consented (either in an original arbitration agreement or on an ad hoc basis).
No. However in the absence of an agreement to the contrary, any party may insist upon an oral hearing.
This is a matter for the tribunal to determine, having regard to the express wishes of the parties. In arbitrations in London, typically there would be limited disclosure, factual and expert statements, and oral examination at trial.
Typically around 18 months, seldom less than a year and rarely more than two years.
Typically between two to four months from the conclusion of evidence and submissions.
Yes, the LCIA Court may extend any period of time under the Arbitration Agreement. Our perception is that the LCIA is more focused on a timely award than other bodies such as the ICC.
The LCIA rules provide for interim measures including the expedited formation of a tribunal, without prejudice to the parties' right to apply to a local court.
Yes, see Article 9B of the LCIA Arbitration Rules.
Any party may apply to the LCIA Court for expedited proceedings.
No.
No, but there is a presumption that the tribunal should make an award of the costs of the arbitration - including the parties' own legal expenses - in a way that reflects relative success and failure. It is therefore commonly the case that costs follow the event.
Under English law, an award can be challenged on a point of law, serious irregularity, or jurisdiction.
The NY convention rules are applied with regard to the enforcement of award to which the convention applies.