Arbitrating under the 2020 LCIA Rules

Name: Arbitrating under the 2020 LCIA Rules | A User's Guide
Brand: Kluwer Law International
Price: 245.99 EUR
Availability: OnlineOnly

A User's Guide

Maxi Scherer(Autor*in)

Kluwer Law International (Verlag)

Erschienen am 12. Juli 2021

592 Seiten

E-Book

ePUB mit Adobe-DRM

Systemvoraussetzungen

978-94-035-3374-2 (ISBN)

245,99 €inkl. 7% MwSt.

Systemvoraussetzungen

für ePUB mit Adobe-DRM

E-Book Einzellizenz

Als Download verfügbar

Beschreibung

The London Court of International Arbitration (LCIA), the oldest of all major arbitral institutions, has, since its establishment well over a century ago, embodied the ideals that underlie the arbitral alternative and set its face against undue delay, soaring cost, complexity, and acrimony. Today, the LCIA administers cases arising under any system of law in any venue worldwide. Underscoring the institution's international nature, and over 80% of parties in pending LCIA cases today are not of English nationality. This highly practical and user-friendly guide provides not only a thorough analysis of the 2020 LCIA Rules but also a comprehensive explanation of the basic principles governing LCIA arbitration, along with an in-depth analysis of complex issues that may arise in the course of LCIA proceedings. Among the new and revised rules affecting LCIA practice and procedure described in detail include the following: use of technology, accommodating virtual conferencing, remote hearings and electronically signed awards, as well as confirming the primacy of electronic communication with the LCIA; tools to expedite proceedings, including the possibility of early dismissal determinations; explicit consideration of data protection; issues relating to bribery, corruption, terrorist financing, fraud, tax evasion, money laundering and/or economic or trade sanctions; streamlined accommodations for consolidation, composite Requests and concurrent conduct of arbitrations; conduct of authorised representatives of a party; requirements for appointment and removal of tribunal secretaries; and revised schedules of arbitration and mediation costs. The twenty-six chapters of the book provide references to essential national court judgments, statutory provisions, up-to-date statistics, and bibliographical sources on LCIA arbitrations. The 2020 LCIA Rules reflect the most sophisticated current modifications of arbitral procedure, fully aligned with the needs of current global commercial activities. For this reason, and because many companies worldwide include LCIA arbitration clauses in their agreements, this book is invaluable to business executives and corporate counsel as well as to scholars of alternative dispute resolution.

Weitere Details

Weitere Ausgaben

Inhalt

Intro
Half-Title
Title Page
Copyright Page
About the Authors
Summary of Contents
Table of Contents
List of Abbreviations
Acknowledgements
Glossary
Chapter 1 Introduction and the Institution
I. Introduction to the LCIA
A. History of the LCIA
B. Organization and Structure of the LCIA
C. The LCIA Rules
II. The LCIA Court and Registrar (Article 3)
A. Introduction
B. Role of the LCIA Court (Article 3.1)
C. Role of the Registrar (Article 3.2)
D. Communicating with the LCIA Court Through the Registrar (Article 3.3)
III. Determinations and Decisions by the LCIA Court (Article 29)
A. Introduction
B. Administrative Character of the LCIA Court (Article 29.1)
C. Potential for Challenges by Dissatisfied Parties (Article 29.2)
IV. The (Potential) Impact of Brexit on the Popularity of the LCIA Rules
Chapter 2 Key Changes Introduced by the 2020 Rules
I. Introduction
A. Tech-Forward Modernization
B. Speed and Efficiency Improvements
C. Complex Arbitrations
D. Tribunal Secretaries
E. Conclusion
Chapter 3 Key Reasons for Choosing LCIA Arbitration
I. Introduction
II. Experience
III. Reliability of Its Decisions on Appointment of Arbitrators
IV. Cost-Effectiveness
V. Relative Speed
VI. A 'Light Touch' Case Administration?
VII. A London-Centric Institution?
Chapter 4 Drafting an LCIA Arbitration Agreement
I. Introduction
II. The LCIA Model Clauses
A. Text of the Model Clauses Provided by the LCIA
B. Non-mandatory but Recommended Use of the LCIA Model Clauses
C. Issues to Be Added under the LCIA Model Clauses
1. Number of Arbitrators
2. Seat or Legal Place of Arbitration
3. Language of Arbitration
4. Substantive Governing Law
III. Possible Modifications to the LCIA Model Clauses or the LCIA Rules
A. Interplay Between the Parties' Arbitration Agreement and the LCIA Rules
B. Modifications Regarding the Scope of the Arbitration Agreement
C. Modifications Regarding the Law Governing the Arbitration or Arbitration Agreement
D. Modifications Regarding the Parties' Pre-arbitral Obligations
1. Pre-arbitration Notice and Consultation
2. Multi-tiered Dispute Resolution Clauses
E. Modifications Regarding Formation of the Tribunal
1. Party Nomination of Arbitrator Candidates
2. Nationality of the Arbitrators
3. Other Qualifications of the Arbitrator
4. Multiparty Arbitrations
F. Modifications Regarding Emergency Arbitrators
G. Modifications Regarding the Proceedings
H. Other Modifications
Chapter 5 Request for Arbitration
I. Introduction
II. Information to Be Included in the Request (Article 1.1)
A. Subparagraph (i): Description of the Parties
B. Subparagraph (ii) - The Arbitration Agreement
C. Subparagraph (iii) - Description of the Dispute and the Claims Advanced by the Parties
D. Subparagraph (iv) - Statement Regarding the Conduct of Arbitration
E. Subparagraph (v) - Nomination of Arbitrator Candidates
F. Subparagraph (vi) - LCIA Registration Fee
G. Subparagraph (vii) - Service of the Request on All Parties
III. Composite Requests (Article 1.2)
IV. Online Option for Submission (Article 1.3)
V. 'Commencement Date' (Article 1.4)
VI. Supplementation (Article 1.5)
VII. Potential for More than One Claimant (Article 1.6)
VIII. Other Particularities Relating to the Request
Chapter 6 Response
I. Introduction
II. Timing and Information to Be Included in the Response (Article 2.1)
A. Subparagraphs (i), (ii) and (iii) - Response to the Request
B. Subparagraph (iv) - Statement Regarding the Conduct of Arbitration
C. Subparagraph (v) - Respondent's Nomination of Arbitrators
D. Subparagraph (vi) - Service of the Response on All Parties
III. Composite Requests and Responses (Article 2.2)
IV. Electronic Submission of the 'Response' (Article 2.3)
V. Consequences of Respondent's Failure to Respond or Nominate Arbitrator Candidates (Article 2.4)
VI. Correction of Mistakes in the 'Response' (Article 2.5)
VII. Potential for More than One Respondent (Article 2.6)
Chapter 7 Tribunal's Jurisdiction
I. Introduction
II. Definition of the 'Arbitration Agreement' (Preamble)
A. Form Requirements
B. Designation of the LCIA
III. Objections to the Tribunal's Jurisdiction and Authority (Article 23)
A. Fundamental Principles Relating to the Tribunal's Jurisdiction and Authority
1. Competence-Competence (Article 23.1)
2. Separability (Article 23.2)
B. Timing of Objections Before the Tribunal Regarding Its Jurisdiction and Authority (Article 23.3)
1. Jurisdiction Versus Authority
2. Objections Regarding the Tribunal's Jurisdiction
a. Objections Raised by a Respondent
b. Objections Raised by a Party Responding to a Counterclaim or Cross-Claim
3. Objections Regarding the Tribunal's Authority
4. Tribunal's Discretion to Accept Untimely Objections
5. Waiver of Objections
C. Tribunal's Decision Regarding Its Jurisdiction or Authority (Article 23.4)
D. Applications to National Courts for Relief Regarding the Tribunal's Jurisdiction or Authority (Article 23.5)
Chapter 8 Rules about Communications
I. General Rules about Communication with the Tribunal (Article 4)
A. Electronic Submission of 'Request for Arbitration' and 'Response' (Article 4.1)
B. Electronic Submission of 'Any Written Communications' (Article 4.2)
C. Delivery by Electronic Means (Article 4.3)
D. Commencement of Time Limits (Article 4.4)
E. Compliance with Time Limits (Article 4.5)
F. Calculation of Time Limits (Article 4.6)
G. Contact Information Updates (Article 4.7)
II. Specific Rules about Communications with the Tribunal (Article 13)
A. Communications with the Tribunal (Article 13.1)
B. Copying of the Parties (Article 13.2)
C. Provision for Service (Article 13.3)
D. Prohibition on Ex Parte Communications (Article 13.4)
E. Communications Concerning the Presiding Arbitrator (Article 13.5)
Chapter 9 Formation of the Arbitral Tribunal
I. Introduction
II. Number of Arbitrators (Article 5.8)
III. Formation of the Arbitral Tribunal (Articles 5 and 7)
A. Nomination by the Parties
1. Arbitration Agreement Contains No Provision on Parties' Right to Nominate Arbitrators
2. Arbitration Agreement Contains Provision on Parties' Right to Nominate Arbitrators
B. Nomination by a Third Party
C. Appointment by the LCIA Court
1. Timely Nomination
2. Late Nomination
3. Failed Nomination
4. Lack of Nomination
5. Timing of the Appointment
IV. Requirements for Arbitrators
A. Duty of Independence and Impartiality (Articles 5.3, 5.4 and 5.5)
1. Relevant Standard
2. Disclosure Obligation
B. Other Declarations (Article 5.4)
1. Summary of Professional Qualifications
2. Declaration of Diligence
3. Agreement on Fees
C. Nationality of Sole or Presiding Arbitrators (Article 6)
1. Scope of the Nationality Requirements
2. Definition of Nationality
a. Nationality of a Natural Person
b. Nationality of a Legal Person
D. Particular Requirements for the President/Vice Presidents of the LCIA Court and Chair of the LCIA Board of Directors (Article 5.10)
V. Multiparty Arbitrations
Chapter 10 Expedited Formation of the Arbitral Tribunal, Emergency Arbitrator and Expedited Replacement of Arbitrators
I. Introduction
II. Expedited Formation of the Arbitral Tribunal (Article 9A)
A. Application for Expedited Formation (Articles 9.1 and 9.2)
1. Requirement of Exceptional Urgency
a. Requirement of Exceptional Urgency in LCIA Decisions
b. Requirements of Urgency in Arbitral Awards
c. Relevance of Parties' Agreement
2. Formalities and Procedure
3. Timing
B. Decision on Expedited Formation (Article 9.3)
III. Emergency Arbitrators (Article 9B)
A. Temporal Scope of the Rules on Emergency Arbitrators (Article 9.16)
1. Arbitration Agreements Signed Before 1 October 2014
2. Arbitration Agreements Signed on or after 1 October 2014
B. Application for the Appointment of an Emergency Arbitrator (Articles 9.4 and 9.5)
1. Requirement of Emergency
a. Emergency Versus Exceptional Urgency
b. Emergency Relief Versus Interim/Conservatory Relief
2. Formalities and Procedure
3. Timing
C. Selection and Appointment of the Emergency Arbitrator (Article 9.6)
1. Decision on the Emergency Arbitrator Application
2. Selection of the Emergency Arbitrator Candidate(s)
3. Appointment of the Emergency Arbitrator
D. Challenge, Revocation and Replacement of the Emergency Arbitrator
E. Decision by the Emergency Arbitrator
1. Conduct of the Proceedings Before the Emergency Arbitrator (Article 9.7)
a. Consultation of the Parties
b. Hearing
c. Other Provisions on Procedure
2. Timing of the Emergency Arbitrator's Decision (Article 9.8)
3. Form of the Emergency Arbitrator's Decision (Article 9.9)
4. Temporary Nature of the Emergency Arbitrator's Decision (Articles 9.11 and 9.12)
F. Costs and Expenses (Article 9.10)
IV. Expedited Appointment of Replacement Arbitrator (Article 9C)
V. Relationship Between the Various Emergency Regimes
Chapter 11 Challenges, Removal, and Replacement of Arbitrators
I. Introduction: The Power to Remove an Arbitrator
II. Grounds for Removing an Arbitrator (Articles 10.1 and 10.2)
III. Challenge Procedure (Articles 10.3, 10.4, 10.5 and 10.6)
IV. Costs of Challenge Proceedings (Article 10.7)
V. Standard of Evaluation
A. Impartiality
1. Cultural Neutrality
2. Arbitrator's Discretion to Manage the Proceedings
3. Failure to Treat the Parties Equally and Ex Parte Communications
4. Personal Animosity (Perceived and Real)
5. Co-arbitrator's Previous Allegations Against Counsel
6. Public Comments Made by an Arbitrator
B. Independence
1. Failure to Disclose a Relationship with a Party or Counsel
2. Relationship with a Party or Counsel
3. Membership in a Common Professional Organization
4. Same Barristers' Chambers
5. Repeat Appointments
C. Statistics on Challenges
VI. Replacement of Arbitrators (Article 11)
Chapter 12 Tribunal Secretary
I. Introduction
A. History of Tribunal Secretaries
B. Genesis of Article 14A
II. Procedural Requirements for the Appointment of a Tribunal Secretary
A. Scope of the Tribunal Secretary's Responsibilities
B. Parties' Agreement to the Tribunal Secretary and the Secretarial Duties
1. Secretary's Duties
2. Appointment Process
C. Parties' Agreement to the Tribunal Secretary's Remuneration
D. Absence of Party Objection Deemed as Agreement
III. Substantive Requirements for the Appointment of a Tribunal Secretary
IV. Removal of Tribunal Secretary
Chapter 13 Seat and Place of Arbitration
I. Introduction
II. Choice of Seat or Place of the Arbitration (Article 16.1)
III. Default Seat (Article 16.2)
IV. Location of the Hearings (Article 16.3)
V. Law Applicable to the Arbitration and Arbitration Agreement (Article 16.4)
VI. Interpretation of LCIA Rules in Accordance with the Laws of England (Article 16.5)
Chapter 14 Language of Arbitration
I. Introduction
II. Scenarios
III. Prior to Formation of the Tribunal (Articles 17.1, 17.2 and 17.3)
A. The LCIA Court's Discretion in Selecting the Language of the Arbitration
IV. Post-formation of the Tribunal (Article 17.4)
Chapter 15 Conduct of Proceedings and Default Timetable
I. General Rules on Determining the Conduct of the Proceedings (Article 14)
A. Introduction
B. General Duties of Arbitral Tribunal (Article 14.1)
C. Arbitral Tribunal's Wide Discretion (Article 14.2)
D. Initial Contact with Arbitral Tribunal (Article 14.3)
E. Joint Proposals for Conduct of Arbitration (Article 14.4)
F. Procedural Orders for the Fair, Efficient and Expeditious Conduct of the Arbitration (Article 14.5 and Article 14.6)
1. General Rule (Article 14.5)
2. Non-exhaustive List of Examples (Article 14.6)
a. Limiting the Length or Content of, or Dispensing with, Any Written Statement to Be Delivered under Article 15
b. Limiting the Written and Oral Testimony of Any Witness in Accordance with Article 20.4
c. Employing Technology to Enhance the Efficiency and Expeditious Conduct of the Arbitration (Including Any Hearing)
d. Deciding the Stage of the Arbitration at Which Any Issue or Issues Shall Be Determined, and in What Order, in Accordance with Article 22.1(vii) Below
e. Dispensing with a Hearing, Subject Always to Article 19
f. Exercising Its Powers of Early Determination under Article 22.1(viii)
g. Setting an Appropriate Period of Time for Any Stage of, or Step to Be Taken in, the Arbitration Including with Regard to the Conduct of Any Hearing
h. Abridging Any Period of Time in Accordance with Article 22.1(ii)
i. Making Any Other Order That the Arbitral Tribunal Considers Appropriate in the Circumstances of the Arbitration
G. Authority for Procedural Orders (Article 14.7)
II. The Default Timetable (Article 15)
A. Introduction
B. Introductory Statement (Article 15.1)
C. Statement of the Case (Article 15.2)
D. Statement of Defence/Statement of Counterclaim (Article 15.3)
E. Statement of Reply/Statement of Defence to Counterclaim (Article 15.4)
F. Statement of Reply to the Defence to Counterclaim (Article 15.5)
G. No Additional Written Statements (Article 15.6)
H. Authority to Provide Additional Directions (Article 15.7)
I. Failure to Submit Statement of Defence or Statement of Defence to Counterclaim (Article 15.8)
J. Proceedings after Written Stage (Article 15.9)
K. Timing of the Last Submissions, Tribunal's Deliberations and Final Award (Article 15.10)
Chapter 16 Hearings, Witnesses and Experts
I. Hearings (Article 19)
A. Introduction
B. Right to a Hearing (Article 19.1)
C. Form and Content of Hearing (Article 19.2)
D. Notice of Hearing (Article 19.3)
E. Hearings Are Private (Article 19.4)
II. Witness(es) (Article 20)
A. Introduction
B. Scope of Article 20 (Article 20.1)
C. Written Notice of Identity of Witnesses (Article 20.2)
D. Written Testimony (Article 20.3)
E. Power of Arbitral Tribunal (Article 20.4)
F. Oral Questioning of Witnesses (Article 20.5)
G. Interview of Potential Witnesses (Article 20.6)
H. Parties as Witnesses (Article 20.7)
I. Oath or Affirmation (Article 20.8)
J. Questioning of Witnesses (Article 20.9)
III. Expert(s) to Arbitral Tribunal (Article 21)
A. Introduction
B. Power to Appoint Expert (Article 21.1)
C. Independence of Expert (Article 21.2)
D. Providing Information to the Expert (Article 21.3)
E. Experts Attendance at the Hearing (Article 21.4)
F. Expert Fees (Article 21.5)
Chapter 17 Special Powers of the Tribunal
I. Truncated Tribunals and the Power to Continue Proceedings
A. Introduction
B. Deliberations in the Absence of a Member of the Tribunal (Article 12.1)
C. Additional Guidance for Arbitrators (Article 12.2)
D. Tribunal's Request for Replacement (Article 12.3)
II. Additional Powers of the Tribunal in Respect of the Procedure
A. Introduction
B. Tribunal's Powers Enumerated (Article 22.1)
1. Supplementation (Article 22.1(i))
2. Control of Time Limits (Article 22.1(ii))
3. Identification of Facts and Law (Article 22.1(iii))
4. Inspection, Preservation and Production of Evidence (Article 22.1(iv))
5. Production of Documents (Article 22.1(v))
6. Applicable Rules (Article 22.1(vi))
7. Decisions by Stages (Article 22.1(vii))
8. Early Determination or Summary Dismissal (Article 22.1(viii))
9. Contractual Remedies (Article 22.1(ix))
10. Joinder (Article 22.1(x))
11. Power to Discontinue the Arbitration (Article 22.1(xi))
C. Influence of State Courts and Other Legal Authorities (Article 22.2)
D. Tribunal's Power to Decide Substantive Law (Article 22.3)
E. Tribunal's Power to Act (Article 22.4)
F. Changes to Time Limits (Article 22.5)
G. Discontinuance by the LCIA Court (Article 22.6)
Chapter 18 Multiple Parties, Consolidation and Joinder
I. Introduction
II. Composite Request for Arbitration and Response (Articles 1.2 and 2.2)
III. Consolidation (Article 22A)
A. Consolidation by Party Agreement (Articles 22.7(i) and 22.8(i))
B. Consolidation by Order of the Tribunal or LCIA Court (Articles 22.7(ii) and 22.8(ii))
1. Identical or Compatible Arbitration Agreement(s)
2. Same Transaction or Series of Related Transactions
3. Same Tribunal or Tribunal Not Yet Formed
4. Exercise of the LCIA Court's and Tribunal's Discretion
IV. Concurrent Conduct of Arbitrations (Article 22.7(iii))
V. Joinder (Article 22.1(x))
Chapter 19 Interim and Conservatory Measures
I. Introduction
II. Application to Tribunals for Interim Measures (Articles 25.1 and 25.2)
A. Tribunals' Power to Grant Interim Measures
1. Broad Power to Grant Interim Measures
2. Possible Limitations to the Power to Grant Interim Measures
a. Limitations Stemming from the Arbitration Agreement
b. Limitations Stemming from the Law Governing the Arbitration
c. Limitations Stemming from the Nature of Arbitration
B. Procedure for Granting Interim Measures
1. Ex Parte Applications for Interim Measures
2. Sua Sponte Interim Measures
C. Requirements for Granting Interim Measures
1. Measure Cannot Await the Final Resolution of the Dispute
2. Measure Is Proportionate
3. Measure Is Reasonable
D. Types of Interim Measures
1. Security for Amount in Dispute
2. Security for Costs
3. Preservation or Disposal of Property
4. Other Provisional Relief
E. Terms of Interim Measures and Cross-Indemnity
F. Form of the Decision on Interim Measures
G. Modification of Interim Measures
H. Enforcement of Interim Measures
III. Application to State Courts for Interim Measures (Article 25.3)
A. Compatibility with the Arbitration Agreement and Jurisdiction of State Courts
B. Timing of the Application
1. Before the Formation of the Arbitral Tribunal
2. After the Formation of the Arbitral Tribunal
C. Duty to Communicate Applications and Orders to the Tribunal and Parties
Chapter 20 Authorized Representatives
I. Introduction
II. Parties' Authorized Representation
A. Choice of Authorized Representatives (Article 18.1)
B. Confirmation of Names/Addresses and Proof of Authority (Article 18.2)
C. Change or Addition of Authorized Representatives
1. Notification of the Intended Change or Addition (Article 18.3)
2. Approval of the Change or Addition (Article 18.4)
III. Guidelines for Authorized Representatives
A. Scope of the Guidelines
B. Nature of the Guidelines
1. Non-optional Nature of the Guidelines (Article 18.5)
2. Relationship with Mandatory Laws, Professional Rules, Etc. (Paragraph 1)
3. Relationship with Arbitration Agreement, Duty of Loyalty, Etc. (Paragraph 1)
C. Content of the Guidelines
1. Obstruction of the Arbitration or Jeopardizing the Finality of the Award (Paragraph 2)
2. False Statements (Paragraph 3)
3. False Evidence (Paragraph 4)
4. Concealment of Documents (Paragraph 5)
5. Ex Parte Communications (Paragraph 6)
D. The Tribunal's Power to Sanction Violations of the Guidelines
1. Scope and Source of the Tribunal's Power (Paragraph 7 and Article 18.5)
2. Complaint Procedure (Article 18.6)
3. Possible Sanctions (Article 18.6)
4. Decision of the Arbitral Tribunal
Chapter 21 Costs and Advance Payment for Costs
I. Introduction
A. Overview of the Relevant Provisions
B. Key Concepts of 'Arbitration Costs', 'Legal Costs', and 'Advance Payment for Costs'
C. LCIA's Hourly Rate System
II. Costs (Article 28)
A. Arbitration Costs
1. LCIA's Charges
2. Tribunal's Fees
3. Tribunal's Expenses
4. Ancillary Costs
5. Determination of the Arbitration Costs by the LCIA
6. Parties' Joint and Several Liability for the Arbitration Costs
B. Parties' 'Legal Costs'
1. Determination of the Legal Costs by the Tribunal
2. Quantum of the Legal Costs
3. Apportionment of the Legal Costs
4. Prior Agreement as to Parties' Liability for the Costs
III. Advances on the Costs of the Arbitration (Advance Payments) (Article 24)
A. Direction for Advance Payments
B. Proceedings Pending the Payment of the Advance Payment
C. LCIA's Handling of the Advance Payments
D. Non-payment of Advance Payments
Chapter 22 Awards and Correction of Awards
I. Introduction
II. General Requirements and Characteristics of LCIA Awards
A. Definition of 'Award'
B. Form Requirements (Article 26.2)
1. Written Form
2. Reasoning
3. Date and Seat of Arbitration
4. Signatures
a. Electronic Signatures
b. Recognition and Enforcement of Electronically Signed Awards
C. Currency and Interest (Articles 26.3 and 26.4)
1. Currency
2. Interest
D. Rendering of the Award
1. Timetable to Render the Award
2. Limited Review of the Award by the LCIA
3. Transmission to the Parties (Article 26.7)
E. Final and Binding Nature of Awards (Article 26.8)
III. Specific Situations and Types of LCIA Awards
A. Separate Awards (Article 26.1)
B. Majority Awards, Awards by the Presiding Arbitrator and Dissenting Opinions (Articles 26.5 and 26.6)
C. Consent Awards (Article 26.9)
D. Correction of Awards and Additional Awards (Article 27)
1. Correction of Awards (Articles 27.1 and 27.2)
a. Correction at Party's Request
b. Correction upon Tribunal's Initiative
c. Addendum Containing Correction to the Award
2. Additional Awards (Articles 27.3 and 27.4)
Chapter 23 Confidentiality
I. Introduction
II. Confidentiality as a Matter of Law
III. Confidentiality under the 2020 LCIA Rules
A. Parties' Obligation to Preserve Confidentiality (Article 30.1)
B. Confidentiality and the Arbitrators (Article 30.2)
C. Confidentiality and the Arbitral Institution (Article 30.3)
IV. Article 30A for the Digital Age
Chapter 24 Compliance and Data Protection
I. General Rules about Compliance (Article 24A)
A. Introduction
B. 'Prohibited Activity' (Article 24.9)
C. Refusal to Act and/or Accept or Make Payments (Article 24.10)
D. Provision of Information and Disclosure (Article 24.11)
II. Data Protection (Article 30A)
A. Introduction
B. Legal Framework (Article 30.4)
C. Data Protection Measures (Article 30.5)
1. Security Measures (Article 30.5(i))
2. Measures for Processing Personal Data (Article 30.5(ii))
D. Binding Directions (Article 30.6)
Chapter 25 Limitation of Liability
I. Nature of the Legal Relationship Between the LCIA, the Parties and the Arbitrators
II. Scope: Who Is Covered?
A. Institution
B. Arbitrators, Emergency Arbitrators and Experts
III. Scope: What Is Covered?
IV. Choice of Forum
Chapter 26 General Rules
I. Waiver of the Right to Object (Article 32.1)
II. Good Faith, the Spirit of the Arbitration Agreement and Preserving the Enforceability of the Award (Article 32.2)
III. Effect of a Decision That the Arbitration Agreement Is Invalid on Other Decision of the Tribunal (Article 32.3)
Annexes
Annex I: LCIA Arbitration Rules
Annex II: LCIA Schedule of Arbitration Costs
Annex III: LCIA Arbitration Rules 2014 and 2020 - Compared Version
Index

Systemvoraussetzungen

Als PDF speichern Als Link merken