Art. 14 LCIA Arb 2020 - Conduct of Proceedings

LCIA Arb 2020
LCIA Arbitration Rules 2020

14.1 Under the Arbitration Agreement, the Arbitral Tribunal’s general duties at all times during the arbitration shall include:

(i) a duty to act fairly and impartially as between all parties, giving each a reasonable opportunity of putting its case and dealing with that of its opponent(s); and

(ii) a duty to adopt procedures suitable to the circumstances of the arbitration, avoiding unnecessary delay and expense, so as to provide a fair, efficient and expeditious means for the final resolution of the parties' dispute.

14.2 The Arbitral Tribunal shall have the widest discretion to discharge these general duties, subject to the mandatory provisions of any applicable law or any rules of law the Arbitral Tribunal may decide to be applicable; and at all times the parties shall do everything necessary in good faith for the fair, efficient and expeditious conduct of the arbitration, including the Arbitral Tribunal’s discharge of its general duty.

14.3 The parties and the Arbitral Tribunal shall make contact (whether by a hearing in person or virtually by conference call, videoconference or using other communications technology or exchange of correspondence) as soon as practicable but no later than 21 days from receipt of the Registrar’s written notification of the formation of the Arbitral Tribunal.

14.4 The parties may agree on joint proposals for the conduct of their arbitration for consideration by the Arbitral Tribunal.

14.5 Without prejudice to the generality of the Arbitral Tribunal’s discretion, after giving the parties a reasonable opportunity to state their views, the Arbitral Tribunal may, subject to the LCIA Rules, make any procedural order it considers appropriate with regard to the fair, efficient and expeditious conduct of the arbitration.

14.6 The Arbitral Tribunal’s power under Article 14.5 includes the making of any procedural order with a view to expediting the procedure to be adopted in the arbitration by:

(i) limiting the length or content of, or dispensing with, any written statement to be delivered under Article 15;

(ii) limiting the written and oral testimony of any witness in accordance with Article 20.4;

(iii) employing technology to enhance the efficiency and expeditious conduct of the arbitration (including any hearing);

(iv) 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;

(v) dispensing with a hearing, subject always to Article 19;

(vi) exercising its powers of Early Determination under Article 22.1(viii);

(vii) 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;

(viii) abridging any period of time in accordance with Article 22.1(ii); and

(ix) making any other order that the Arbitral Tribunal considers appropriate in the circumstances of the arbitration.

14.7 In the case of an Arbitral Tribunal other than a sole arbitrator, the presiding arbitrator, with the prior agreement of its other members and all parties, may make procedural decisions alone.

Quelle: LCIA

Import: 17.12.2024

LCIA Arb 2020 infoLCIA Arbitration Rules 2020info

LCIA Arb 2020
LCIA Arbitration Rules 2020