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London Court of International Arbitration Rules - (PreliminaryDiscussion Draft of the proposed new rules to take effect in 1997)

London Court of International Arbitration (LCIA)

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Contents

Contents

LCIA Arbitration Rules(Preliminary Discussion Draft of the proposed newrules to take effect in 1997) 1

Rules 1

Article 1 - Request for Arbitration 1

Article 2 - Response by Respondent 1

Article 3 - Notices, Period of Time 2

Article 4 - Provisional Orders 2

Article 5 - Constitution of the Arbitral Tribunal 3

Article 6 - Nationality of Arbitrators 4

Article 7 - Revocation of Appointment 4

Article 8 - Nomination of Replacement Arbitrators 5

Article 9 - Truncated Tribunals 5

Article 10 - Communications between Parties and the Tri-bunal 5

Article 11 - Conduct of the Proceedings 5

Article 12 - Submission of Written Statements and Doc-uments 6

Article 13 - Place of Arbitration 6

Article 14 - Language of Arbitration 7

Article 15 - Party Representatives 7

Article 16 - Hearings 7

Article 17 - Witnesses 7

Article 18 - Experts Appointed by the Tribunal 8

Article 19 - Additional Powers of the Tribunal 8

Article 20 - Jurisdiction of the Tribunal 9

Article 21 - Deposits and Security 9

Article 22 - The Award 10

Article 23 - Correction of Awards and Additional Awards 10

Article 24 - Costs 11

Article 25 - Nature of decisions by the Court 11

Article 26 - Confidentiality 11

Article 27 - Exclusion of Liability 12

Article 28 - General Rules 12

Recommended Arbitration Clauses 12Future disputes . . . . . . . . . . . . . . . . . . . . . . 12Existing disputes . . . . . . . . . . . . . . . . . . . . . 13

Metadata 19SiSU Metadata, document information . . . . . . . . . 19

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Contents

LCIA Arbitration Rules1

(Preliminary Discussion Draft of the proposed newrules to take effect in 1997)

Rules12

RULES2 adopted to take effect from [ ] 199733

Where any agreement, submission or reference provides for4

arbitration under the rules of the London Court of InternationalArbitration (the LCIA), the parties shall be taken to have agreedthat the arbitration shall be conducted in accordance with thefollowing rules, or such amended Rules as the Court may haveadopted to take effect before the commencement of the arbi-tration.

Article 1 - Request for Arbitration45

Any party wishing to commence an arbitration under these6

Rules ('the Claimant“) shall send to the Registrar of the Court(”the Registrar“) a written request for arbitration (”the Request")which shall include, or be accompanied by

(a) the names and addresses of the parties to the arbitra-7

tion;

(b) copies of the contractual documents in which the arbitration8

clause is contained or under which the arbitration arises;

(c) a brief statement describing the nature and circumstances9

of the dispute, and specifying the relief claimed;

1Introduction2The impact of the new <A

HRef=“/trade_law/doc/England.Arbitration.Act.1996.html”>EnglishArbitration Act

3Preamble4Article 1

(d) a statement of any matters (such as the place or language 10

of the arbitration, or the number of arbitrators, or their qualifi-cations or identities) on which the parties have already agreedin relation to the conduct of the arbitration, or with respect towhich the requesting party wishes to make a proposal;

(e) if the arbitration agreement calls for party nomination of arbi- 11

trators, the name and address (and telephone and telefax num-bers, if known) of the Claimant's nominee;

(f) the fee prescribed in the Schedule of Costs; 12

(g) a confirmation to the Registrar that copies are served simul- 13

taneously to the other party (or parties).

The date of receipt by the Registrar of the Request for Arbitra- 14

tion shall be deemed to be the date on which the arbitration hascommenced. The Request shall be submitted in duplicate, or,if the Claimant considers that three arbitrators should be ap-pointed, in quadruplicate.

Article 2 - Response by Respondent5 15

2.1 For the purpose of facilitating the choice of arbitrators, within 16

30 days of receipt of its copy of the Request for Arbitration, orsuch period fixed by the Court for cause show, the Respondentmay send to the Registrar a Response containing:

(a) confirmation or denial of all or part of the claims; 17

(b) a brief statement of the nature and circumstances of any 18

envisaged counterclaims;

(c) comment in response to any statements contained in the 19

Request, as called for under Article 1 (d), on matters relating tothe conduct of the arbitration;

(d) if the arbitration agreement calls for party nomination of arbi- 20

5Article 2

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Contents

trators, the name and address (and telephone and telefax num-bers if known) of the Respondent's nominee;

(e) a confirmation to the Registrar that copies are served simul-21

taneously to the other party (or parties).

The Response shall be submitted in duplicate, or, if the par-22

ties have agreed that three arbitrators should be appointed, inquadruplicate.

2.2 Failure to send a Response shall not preclude the Respon-23

dent from denying the claim nor from setting out a counterclaimin its Statement of Defence. However, if the arbitration agree-ment calls for party nomination of arbitrators, failure to senda Response or to nominate an arbitrator in it shall constitutea waiver of the opportunity to nominate an arbitration. <! *!>

Article 3 - Notices, Period of Time624

3.1 Any notice or other communication that may or is required25

to be given under these Rules shall, without prejudice to moreexplicit instructions given by the Arbitral Tribunal, be in writingand shall be delivered by registered postal or courier service,or transmitted by telex, telefax or other means of telecommuni-cation that provide a record thereof.

3.2 A party's last-known residence or place of business shall be26

a valid address for the purpose of any notice or other commu-nication in the absence of any notification of a change by thatparty. Communications may be in any event be addressed toa party in the manner agreed contractually, or, failing such anagreement, according to the practice followed in the course ofthe dealings between the parties.

3.3 For the purpose of determining the date of commencement27

6Article 3

of a time limit, a notice or other communication shall be deemedto have been received on the day it is delivered or, in the caseof telecommunications, transmitted in accordance with para-graphs 3.1 and 3.2 of this Article.

3.4 For the purpose of determining compliance with a time limit, 28

a notice or other communication shall be deemed to have beensent, made or transmitted if it is despatched, in accordance withinstructions of the Arbitral Tribunal or otherwise with Articles 3.1and 3.2 of this Article, prior to or on the date of the expiration ofthe time limit.

3.5 For the purpose of calculating a period of time under these 29

Rules, such period shall begin to run on the day following theday when a notice or other communication is received. If thelast day of such period is an official holiday or a non-businessday at the residence or place of business of the addressee,the period is extended until the first business day which fol-lows. Official holidays or non-business days occurring duringthe running of the period of time are included in calculating theperiod.

Article 4 - Provisional Orders7 30

4.1 Any party may, prior to the constitution of the Tribunal, re- 31

quest the Court to issue a Provisional Order with respect toany form of interim relief within the scope of the Tribunal's pow-ers.

4.2 Such a request shall be heard by a person named by the 32

President of the Court. Such a person shall act in the nameof the Court (but need not be a member thereof) and shall bereferred to as a Delegate for Provisional Measures . The Del-egate shall be independent of the parties. Contractual provi-sions relating to the designation of arbitrators shall not apply

7Article 4




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to the designations of Delegates for Provisional Measures. ADelegate's mission expires immediately he is informed by theCourt that an arbitral tribunal has been constituted to deal withthe dispute.

4.3 A Provisional Order may grant or deny the request in whole33

or in part, or may decline to rule on it for want of proven urgency.Provisional Orders shall have the same obligatory force as anycontractual stipulation. Any failure to comply with a ProceduralOrder may be considered by the Tribunal to be equivalent toa breach of contract but shall not ipso facto be deemed to bea repudiation of the agreement to arbitrate. The Tribunal shallhave full authority to maintain or dissolve Provisional Orders inwhole or in part or to fashion any other provisional relief withinthe scope of its powers.

4.4 Any contention to the effect that the LCIA has no authority to34

grant a Provisional Order shall be decided in summary fashionby the President of the Court on the basis of written submis-sions only. The fact that a Delegate for Provisional Measuresis designated or that a Procedure Order is issued shall not de-prive a party from raising any jurisdictional objection before theTribunal.

4.5 The President of the Court shall fix an amount to be de-35

posited by the party requesting a Provisional Order, on accountof the costs of the Court and the fee of the Delegate(s) for theProvisional Measures. This amount may be adjusted in light ofthe difficulties raised by the request.

4.6 The Delegate for Provisional Measures shall have full au-36

thority to deal With a request for provision relief in any mannerhe deems appropriate. Depending on the circumstances, andin particular the degree of urgency, he may curtail submissionsto the strict minimum and may establish very short time limits.He may conduct hearings but shall not be required to do so. Hemay rule on an application in the absence of the respondent(s),

if in his view there are urgent reasons to do so and provided heimmediately thereafter gives the respondent(s) an opportunityto seek a retraction or modification of his Order.

4.7 A Provisional Order may include an order of costs. 37

4.8 The existence of the mechanism of Provisional Orders shall 38

not in and of itself exclude a party s right to seek provisionalrelief from other competent authorities, subject to the overridingprinciple that no provisional decision shall limit the authority ofthe Tribunal to decide the substantive controversy.

Article 5 - Constitution of the Arbitral Tribunal8 39

5.1 In these Rules, the expression “the Tribunal” includes a 40

sole arbitrator or all the arbitrators where more than one is ap-pointed. All arbitrators (whether or not nominated by the par-ties) conducting an arbitration under these Rules shall be andremain at all times wholly independent and impartial, and shallnot act as advocates for any party. Before appointment by theCourt, if the Registrar so requests, any arbitrator shall furbisha resume of his past and present professional positions (whichwill be communicated to the parties). In any event every ar-bitrator shall sign a declaration to the effect that there are nocircumstances likely to give rise to any justified doubts as tohis impartiality or independence, and that he will forthwith dis-close any such circumstances to the Court and to all the partiesif they should arise after that time and before the arbitration isconcluded.

5.2 The Court will appoint the Tribunal to determine the dispute 41

as soon as practicable after receipt by the Registrar of the Re-sponse, or after the expiry of 30 days following receipt by theRespondent of the Request if no Response is received, pro-vided that the Registrar is satisfied that the Request has been

8Articles 5 and 6




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properly served. A sole arbitrator will be appointed unless theparties have agreed otherwise, or unless the Court determinesthat in view of all the circumstances of the case a third membertribunal is appropriate.

5.3 The Court alone is empowered to appoint arbitrators and42

such appointment will be made in the name of the Court by thePresident or any Vice President of the Court. The Court willappoint arbitrators with due regard for any particular methodor criteria of selection agreed by the parties. In selecting ar-bitrators consideration will be given, so far as possible, to thenature of the contract, the nature and circumstances of the dis-pute and the nationality, location and languages of the parties.If the parties have agreed that they are to nominate arbitrators,or a third party to nominate an arbitrator, such arbitrator or arbi-trators shall be appointed subject to their agreement upon feerates proposed by the Registrar in conformity with the Sched-ule of Costs The Court may refuse to appoint such nomineesif it determines that they are not suitable or independent or im-partial In the case of a three-member Tribunal the Court willdesignate the Chairman, who will not be a party-nominated ar-bitrator.

5.4 If the arbitration agreement calls for party nominations, and43

the Respondent fails to make such a nomination within the timelimit established by Article 2, the Court will forthwith appointan arbitrator in place of the arbitrator to be nominated by theRespondent. If the Request does not contain a nomination bythe Claimant and the Claimant fails to make such a nomina-tion within the same time limit, the Court will likewise make theappointment.

Article 6 - Nationality of Arbitrators944

Where the parties are of different nationalities, a sole arbitrator 45

or chairman of the tribunal shall not have the same nationalityas any party unless the parties who are not of the same nation-ality as the proposed appointee all agree otherwise (the nation-ality of parties being understood to include that of controllingshareholders or interests).

Article 7 - Revocation of Appointment10 46

7.1 If any arbitrator, after appointment, dies, refuses, or in the 47

opinion of the court becomes unable or unfit to act, the Courtwill, upon request by a party or by the remaining arbitrators,appoint another arbitrator. If in the opinion of the Court an ar-bitrator acts in manifest violation of these Rules, or does notconduct the proceedings with reasonable diligence, he will beconsidered unfit.

7.2 An arbitrator may be challenged if circumstances exist that 48

give rise to justifiable doubts as to his impartiality or indepen-dence. A party may challenge an arbitrator it has nominated,or in whose appointment it has participated, only for reasonsof which it becomes aware after the appointment has beenmade.

7.3 A party who intends to challenge an arbitrator shall, within 49

fifteen days of the constitution of the Tribunal or after becomingaware of any circumstances referred to in Article 7.1 or 7.2,which ever is the later, send a written statement of the reasonsfor the challenge to the Court. Unless the challenged arbitratorwithdraws or the other party agrees to the challenge within 15

9Articles 7 and 810Article 9




Contents

days of receipt of the written statement of challenge, the Courtshall decide on the challenge.

Article 8 - Nomination of Replacement50

Arbitrators11

In the event that the Court determines that a nominee is not51

suitable or independent or impartial, or if an appointed arbitra-tor is to be replaced, the Court shall have discretion to decidewhether or not to follow the original nominating process. If itso decides any opportunity given to a party to make a new re-nomination shall be waived if not exercised within 30 days, afterwhich the Court shall appoint the replacement as soon as prac-ticable.

Article 9 - Truncated Tribunals1252

9.1 If an arbitrator on a three-member Tribunal, though duly no-53

tified and without good causes, fails to participate in the workof the Tribunal, the two other arbitrators shall have the powerin their sole discretion to continue the arbitration and to makean award, order or other decision, notwithstanding the failureof the third arbitrator to participate. In determining whether tocontinue the arbitration or to render any award, order or otherdecision without the participation of an arbitrator, the two otherarbitrators shall take into account the stage of the arbitration,the reason, if any, expressed by the third arbitrator for suchnon-participation, and such other matters as they consider ap-propriate in the circumstances of the case.

9.2 In the event that the two other arbitrators determine not to54

11Article 1012Articles 11 and 12

continue the arbitration without the participation of a third ar-bitrator, the Court pursuant to this Article shall, on proof satis-factory to it of the failure of the arbitrator to participate in thework of the Tribunal, declare the office vacant, and a substitutearbitrator shall be appointed by the Court pursuant to Article 8unless the parties agree otherwise.

Article 10 - Communications between Parties and the 55

Tribunal13

10.1 Until the Tribunal is finally constituted and the Court de- 56

termines that it would be appropriate for the parties and theTribunal to communicate directly, all communications betweenparties and arbitrators shall be made through the Registrar. Ifand when the Court directs that communication shall take placedirectly between the Tribunal and the parties (with simultaneouscopies to the Registrar) all further reference in these Rules tothe Registrar shall thereafter be read as references to the Tri-bunal.

10.2 Where the Registrar, on behalf of the Tribunal, sends any 57

communication to one party, he shall send a copy to each of theother parties.

10.3 Where any party sends any communication (including 58

Statements under Article 12) to the Registrar, it shall include acopy for each arbitrator; and it shall also send copies to all theother parties and confirm to the Registrar in writing that it hasdone so.

Article 11 - Conduct of the Proceedings14 59

11.1 The parties may agree on the arbitral procedure, and are 60

13Article 1314Article 14




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encouraged to do so.

11.2 In the absence of procedural rules agreed by the parties61

or contained herein, the Tribunal shall have the widest discre-tion allowed under such law as may be applicable to ensure thejust, expeditious, economical, and final determination of the dis-pute.

11.3 In the case of a three-member tribunal the Chairman may,62

after consulting the other arbitrators, make procedural rulingsalone.

Article 12 - Submission of Written Statements and63

Documents15

12.1 Subject to any procedural rules agreed by the parties or64

determined by the Tribunal under Article 11, the written stageof the proceedings shall be as set out in this Article.

12.2 Within 30 days of receipt of notification from the Court of65

the appointment of the Tribunal, the Claimant shall send to theRegistrar a Statement of Case setting out in sufficient detail thefacts and any contentions of law on which it relies , and the reliefclaimed.

12.3Within 40 days of receipt of the Statement of Case, the Re-66

spondent shall send to the Registrar a Statement of Defencestating in sufficient detail which of the facts and contentionsof law in the Statement of Case it admits or denies, on whatgrounds, and on what other facts and contentions of law it re-lies. Any counterclaims shall be submitted with the Statementof Defence in the same manner as claims are set out in theStatement of Case.

12.4 Within 40 days of receipt of the Statement of Defence,67

the Claimant may send to the Registrar a Statement of Reply15Articles 15, 16, 17 and 18

which, where there are counterclaims, shall include a Defenceto Counterclaims.

12.5 If the Statement of Reply contains a Defence to Coun- 68

terclaims, the Respondent has a further 40 days to send to theRegistrar a Statement of Reply regarding Counterclaims.

12.6 All Statements referred to in this Article shall be accom- 69

panied by copies (or, if they are especially voluminous, lists)of all essential documents on which the party concerned reliesand which have not previously been submitted by a party, and(where appropriate) by any relevant samples.

12.7 As soon as practicable following completion of the submis- 70

sion of the Statements specified in this Article, the Tribunal shallproceed in such manner as has been agreed by the parties, orpursuant to its authority under these rules. If the Respondentfails to submit a Statement of Defence, or if at any point anyparty fails to avail itself of the opportunity to present its casein the manner directed by the Tribunal, the Tribunal may never-theless proceed with the arbitration and made the award.

Article 13 - Place of Arbitration16 71

13.1 The parties may choose the place of arbitration. Failing 72

such a choice, the place of arbitration shall be London, unlessthe Court determines in view of all the circumstances, and afterhaving given the parties an opportunity to make written com-ment, that another place is more appropriate.

13.2 The Tribunal may hold hearings and meetings anywhere 73

convenient, provided that the award shall be deemed to bemade at the place of arbitration.

13.3 The law applicable to the arbitration shall be the arbitra- 74

16Article 19




Contents

tion law of the place of arbitration. unless the parties have ex-pressly agreed on the application of another arbitration law andsuch agreement is permitted by the law of the place of arbitra-tion.

Article 14 - Language of Arbitration1775

14.1 The language of the arbitration shall be that of the docu-76

ment containing the arbitration agreement, unless the partieshave agreed otherwise and providing that a defaulting partyshall have no cause for complaint if the proceedings are con-ducted in English. In the event the document(s) containing thearbitration agreement are drafted in more than one language,the Court may, unless the agreement explicitly provides thatany arbitration shall be conducted in more tan one language,decide which language shall be that of the arbitration.

14.2 If a document is drawn up in a language other than the lan-77

guage(s) of the arbitration, and no translation of such documentis submitted by the party producing the document, the Tribunal,or if the Tribunal has not been appointed the Court, may orderthat party to submit a translation in a form to be determined bythe Tribunal or the Court.

Article 15 - Party Representatives1878

Any partymay be represented by legal practitioners or any other79

representatives, subject to such proof of authority as the Tri-bunal may require.

Article 16 - Hearings1980

16.1 Any party which expresses a desire to that effect has the 81

right to be heard before the Tribunal, unless the parties haveagreed on documents-only arbitration

16.2 The Tribunal shall fix the date, time and place of any meet- 82

ings and hearings in the arbitration, and shall give the partiesreasonable notice thereof.

16.3 The Tribunal may in advance of hearings submit to the par- 83

ties a list of questions which it wishes them to treat with specialattention.

16.4 All meetings and hearings shall be in private unless the 84

parties agree otherwise.

16.5 The Tribunal shall have the fullest authority to establish 85

time limits for the hearings, or for parts thereof.

Article 17 - Witnesses20 86

17.1 Before any hearing, the Tribunal may require any party to 87

give notice of the identity of witnesses it wishes to call, as wellas the subject matter of their testimony and its relevance to theissues

17.2 The Tribunal has discretion to allow, refuse, or limit the 88

appearance of witnesses, whether witnesses of fact or expertwitnesses.

17.3 Any witness who gives oral evidence may be questioned 89

by each of the parties or their lawyers, under the control of the

17Article 2018Article 2119Article 2220Article 23




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Tribunal The Tribunal may put questions at any stage of theexamination of the witnesses.

17.4 The testimony of witnesses may be presented in written90

form, either as signed statements or by duly sworn affidavitsSubject to Article 11.2 any party may request that such a wit-ness should attend for oral examination at a hearing. If he failsto attend, the Tribunal may place such weight on the writtentestimony as it thinks fit, or exclude it altogether.

17.5 Subject to the mandatory provisions of any applicable law,91

it shall be proper for any party or its legal practitioners to inter-view any witness or potential witness prior to his appearance atany hearing.

Article 18 - Experts Appointed by the Tribunal2192

18.1 Unless otherwise agreed by the parties, the Tri-93

bunal:

(a) may appoint one or more experts to report to the Tribunal94

on specific issues;

(b) may require a party to give any such expert any relevant95

information or to produce, or to provide access to, any rele-vant documents, goods or property for inspection by the ex-pert.

18.2 Unless otherwise agreed by the parties, if a party so re-96

quests or if the Tribunal considers it necessary, the expert shall,after delivery of his written or oral report, participate in a hear-ing at which the parties shall have the opportunity to questionhim, and to present expert witnesses in order to testify on thepoints at issue.

18.3 The fees of experts appointed under this Article may either97

21Article 24

be paid out of the deposits defined in Article 21 or, if the Tribunalso decides, directly by the parties (or one of them, in case ofdefault)

Article 19 - Additional Powers of the Tribunal22 98

19.1 Unless the parties at any time agree otherwise and subject 99

to any mandatory limitations of any applicable law the Tribunalshall have the power, on the application of any party or of itsown motion, but in either case only after giving the parties aproper opportunity to state their views, to:

(a) determine what are the rules of law governing or applicable 100

to any contract, or arbitration agreement or issues between theparties;

(b) order the correction of any such contract or arbitration agree- 101

ment, but only to the extent required to rectify anymistake whichit determines to be common to all the parties and then only ifand to the extent to which the rules of law governing or appli-cable to the contract permit such correction;

(c) allow, upon the application of a party, third parties to be 102

joined in the arbitration provided they have expressly consentedthereto, and make a single final award, or separate awards,binding upon all parties so implicated in the arbitration;

(d) allow any party, upon such terms (as to cost and otherwise) 103

as it shall determine, to amend claims or counterclaims;

(e) extend or abbreviate any time limits provided by these Rules 104

or by its directors;

(f) conduct such enquiries as may appear to the Tribunal to be 105

necessary or expedient;

(g) order the parties to make any property or thing relating to 106

22Article 25




Contents

the subject matter of the arbitration available for inspection. intheir presence, by the Tribunal or any expert;

(h) order the preservation, storage, sale or other disposal of any107

property or thing under the control of any party and relating tothe subject matter of the arbitration;

(i) order any part; to produce to the Tribunal, and to the other108

parties for inspection, and to supply copies of, any documentsor classes of documents in their possession or power which theTribunal determines to be relevant.

19.2 By agreeing to arbitration under these Rules the parties109

shall be taken to have agreed not to apply to any court of lawor other judicial authority for an order under paragraphs (g) or(i) of Article 19.1 except with the prior authorisation of the Tri-bunal.

Article 20 - Jurisdiction of the Tribunal23110

20.1 The Tribunal shall have the power to rule on its own juris-111

diction, including any objections with respect to the existence orvalidity of the arbitration agreement. For that purpose, an arbi-tration clause which forms part of a contract shall be treated asan agreement independent of the other terms of the contract. Adecision by the Tribunal that the contract is null and void shallnot entail ipso jure the invalidity of the arbitration clause.

20.2 A plea that the Tribunal does not have jurisdiction shall112

be raised not later than in the Statement of Defence. A pleathat the Tribunal is exceeding the scope of its authority shallbe raised promptly after the Tribunal has indicated its intentionto decide on the matter alleged to be beyond the scope of itsauthority. In either case the Tribunal may nevertheless admit

23Article 26

a late plea under this paragraph if it considers the delay justi-fied.

Article 21 - Deposits and Security24 113

21.1 The Court may direct the parties, in such proportions as it 114

deems appropriate, to make one or several interim or final pay-ments on account of the costs of the arbitration. Such depositsshall be made to and held by the Court, and may be releasedto the arbitrator(s) as the case progresses. In the event a partyfails to provide a deposit as instructed, the Court may invite theother party or parties to effect a substitute payment to allowthe arbitration to proceed (subject to any final award of costs).Failure to provide the full required deposit may be deemed tobe a withdrawal of the case. Arbitrators proceed at their ownrisk with respect to remuneration if they advance on the casewithout ascertaining that the Court is in requisite funds.

21.2 The Tribunal shall have the power to order any party to 115

provide security for the legal or other costs of any other partyby way of deposit or bank guarantee or in any other manner theTribunal thinks fit.

21.3 By agreeing to arbitration under these Rules the parties 116

shall be taken to have agreed not to apply to any court of lawor other judicial authority for an order under Article 21.1, or foran order for security for costs under Article 21.2.

21.4 Without prejudice to the right of any party to apply to a 117

competent court for pre-award conservatory measures (exceptthose referred to in Articles 21.1 and 21.2), the Tribunal shallalso have the power to order any party to provide security forall or part of any amount in dispute in the arbitration.

21.5 In the event that orders under paragraphs 1, 2 and 4 of 118

24Article 27




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this Article are not compiled with, the Tribunal may disregardclaims or counterclaims by the non-complying party, althoughit may proceed to determine claims or counterclaims by com-plying parties.

Article 22 - The Award25119

22.1 The Tribunal shall make its award in writing and, unless all120

the parties agree otherwise, shall state the reasons upon whichits award is based. The award shall state its date and shall besigned by the arbitrator or arbitrators.

22.2 If any arbitrator refuses or fails to comply with the121

mandatory provisions of any applicable law relating to themaking of the award, having been given a reasonable oppor-tunity to do so, the remaining arbitrators shall proceed in hisabsence.

22.3 Where there is more than one arbitrator and they fail to122

agree on any issue, they shall decide by a majority. Failing amajority decision on any issue, the Chairman of the Tribunalshall make the award alone as if he were sole arbitrator. If anarbitrator refuses or fails to sign the award, the signatures ofthe majority shall be sufficient, provided that the reason for theomitted signature is stated.

22.4 The sole arbitrator or chairman shall be responsible for de-123

livering signed copies of the award (one more than the numberof parties) to the Court, which shall transmit certified copies tothe parties provided that the costs of the arbitration have beenpaid to the Court in accordance with Article 24.

22.5 Awards may be expressed in any currency, and the Tri-124

bunal may award that simple or compound interest shall be

25Recommended arbitration clauses

paid by any party on any sum which is the subject of the ref-erence at such rates as the Tribunal determines to be appro-priate, without being bound by legal rates of interest, in respectof any period which the Tribunal determines to be appropriate,ending not later than the date upon which the award is compliedwith.

22.6 The Tribunal may make separate final awards on different 125

issues at different times, which shall be subject to correctionunder the procedure specified in Article 23. Such awards shallbe enforceable.

22.7 In the event of a settlement, the Tribunal may render an 126

award recording the settlement if any party so requests. If theparties do not require a consent award, then on confirmation inwriting by the parties to the Court that a settlement has beenreached the Tribunal shall be discharged and the reference toarbitration concluded, subject to payment by the parties of anyoutstanding costs of the arbitration in accordance with Article24.

22.8 By agreeing to arbitration under these Rules, the parties 127

undertake to carry out the award without delay, and waive theirright to any form of appeal or recourse to a court of law or otherjudicial authority, insofar as such waiver may be validly made.Awards shall be final and binding on the parties as from the datethey are made.

Article 23 - Correction of Awards and Additional 128

Awards26

23.1 Within 30 days of receipt of the award unless another pe- 129

riod of time has been agreed upon by the parties a party mayby notice to the Registrar request the Tribunal to correct in the26Note: The Tribunal may hold hearings or meetings anywhere convenientalthough the Award is deemed to be made at the place of arbitration).




Contents

award any errors in computation any clerical or typographicalerrors or any errors of a similar nature If the Tribunal considersthe request to be justified it shall make the corrections withinthirty days of receipt of the request. Any correction which shalltake the form of a separate memorandum, shall become part ofthe award.

23.2 The Tribunal may correct any error of the type referred to130

in Article 23.1 on its own initiative within thirty days of the dateof the award.

23.3 Unless otherwise agreed by the parties a party may within131

thirty days of receipt of the award and with notice to the otherparty or parties request the tribunal to make an additional awardas to claims presented in the arbitral proceedings but not dealtwith in the award. If the Tribunal considers the request to be jus-tified it shall make the additional award within sixty days.

23.4 The provisions of Article 22 shall apply mutatis mutandis132

to a correction of the award and to any additional award.

Article 24 - Costs133

24.1 The costs of the arbitration (other than the legal or other134

costs incurred by the parties themselves) shall be determinedby the Court in accordance with the Schedule of costs appli-cable to these Rules as of the date of the Request for Arbitra-tion.

24.2 The Tribunal shall specify in the award the total amount of135

the costs of the arbitration as determined by tile Court. Unlessthe parties shall agree otherwise the Tribunal shall determinethe proportions in which the parties shall pay all or part of themto the Court If the Tribunal has determined that all or any partof the costs of the arbitration shall be paid by any party otherthan a party which has already paid them to the Court the latter

shall have the right to recover the appropriate amount from theformer.

24.3 The Tribunal shall have the authority to order in its award 136

that all or a part of the legal or other costs of a party (apart fromthe costs of the arbitration) be paid by another party.

24.4 If the arbitration is abandoned, suspended or concluded, 137

by agreement or otherwise, before the final award is made, theparties shall be jointly and severally liable to pay the Court thecosts of the arbitration as determined by the Tribunal, subjectto the confirmation by the Court that the amount is in confor-mity with the Schedule of costs. In the event that the Costs sodetermined are less than the deposits made, there shall be arefund in such proportions as the parties may agree, or, fail-ing agreement, in the same proportions as the deposits weremade.

Article 25 - Nature of decisions by the Court 138

The decision of the Court with respect of all matters referred 139

to in this Article shall be final. Such decisions are deemed tobe administrative in nature, and the Court shall not be requiredto give reasons for them. To the extent permitted by the law ofthe place of arbitration the parties shall be taken to have waivedany right of appeal in respect of any such decisions to a court oflaw or other judicial authority. If such appeals remain possibledue to mandatory provisions of the law of the place of arbitra-tion, the Court shall, subject to the provisions of the applicablelaw, decide whether the arbitral proceedings are to continuenotwithstanding an appeal.

Article 26 - Confidentiality 140

By submitting to arbitration under these Rules, unless the par- 141




London Court of International Arbitration Rules - (Preliminary Discussion Draft of the proposed new rules to take effect in 1997)

ties expressly agree to the contrary in writing, the parties andthe Tribunal undertake to keep the award (and all other ma-terial introduced into the proceedings not otherwise the pub-lic domain) confidential in perpetuity save to the extent thatdisclosure may be required by legal duty or to protect a legalright.

Article 27 - Exclusion of Liability142

27.1 Neither the Court nor any arbitrator shall be liable to any143

party for any act or omission in connection with any arbitrationconducted under these Rules, save conscious and deliberatewrongdoing.

27.2 After the award has been made and the possibilities of144

correction and additional awards referred to in Article 23 havelapsed or been exhausted, neither the court nor any arbitratorshall be under any obligation to make any statement to any per-son about any matter concerning the arbitration, nor shall anyparty seek to make any arbitrator or any officer of the Courta witness in any legal proceedings arising out of the arbitra-tion.

Article 28 - General Rules145

28.1 A party who knows that any provision of, or requirement146

under, these Rules has not been complied with and yet pro-ceeds with the arbitration without promptly stating its objectionto such non-compliance, shall be deemed to have waived itsright to object.

28.2 In all matters not expressly provided for in these Rules, the147

Court and the Tribunal shall act in the spirit of these Rules andshall make every reasonable effort to ensure that the award islegally enforceable.

Recommended Arbitration Clauses 148

Future disputes 149

Parties to an international contract who wish to have any dis- 150

putes referred to arbitration under the LCIA Rules are recom-mend to insert in the contract an arbitration clause in the follow-ing form:

“Any dispute arising out of or in connection with this con- 151

tract, including any question regarding its existence, valid-ity or termination , shall be referred to and finally resolvedby arbitration under the Rules of the London Court of Inter-national Arbitration, which Rules are deemed to be incor-porated by reference into this clause”.

Parties are also reminded that difficulties and expenses may be 152

avoided if they expressly specify the law governing their con-tract. The parties may if they wish also specify the number ofarbitrators, and the place and language of the arbitration. Thefollowing provisions may be suitable:

“The governing law of this contract shall be the substantive 153

law of...”

“The tribunal shall consist of ... (a sole or three) arbitra- 154

tor(s).”

In the case of a three-member tribunal, the following words may 155

be added:

“... two of them shall be nominated by the respective par- 156

ties”

“The place of the arbitration shall be... (city)” 157

“The language of the arbitration shall be ...” 158





Existing disputes 159

If a dispute has arisen when the contract or agreement does160

not contain an arbitration clause, or when the parties wish tochange a clause to provide for LCIA arbitration, the followingform of agreement is recommended:

“A dispute having arisen between the parties concerning ...161

the parties hereby agree that the matter shall be referredto and finally resolved by arbitration under the Rules of theLondon Court of International Arbitration”.

Further provisions as suggested above relating to the governing162

law, number of arbitrators, place and language, may be addedas appropriate to the case.

A permanent subcommittee of the LCIA has for the past ten163

years monitored application of the Rules in light of difficultiesand criticisms that have arisen. Until now, the Rules havegenerally functioned well and the LCIA has believed that anybenefits from incidental amendments would be outweighed bythe disadvantages of presenting users with a new text. At thisstage, however, the passage of time, the lessons of practice,and the advent of important legal reforms make it appropriateto consider a revision of the Rules.

A new discussion draft is attached hereto.164

In the following comments, the abbreviation 85R refers165

to the existing 1985 Rules, and 96DR to the current draftrevision.

96DR does NOT cover the following:166

1. Issues that may arise where the LCIA acts as appointing or167

administering authority outside its own Rules (such as exclu-sion of liability). These issues are probably best dealt with byconditions expressed in from letters from the LCIA when it isasked to intervene.

2. Implementation of Schedule-of-Cost questions such as tim- 168

ing of charges to the parties for work in progress, cancellationof charges, or fees for arbitrators who resign. The drafting com-mittee believes that the Schedule should contain an indication,like the ICC's standard language, making clear that nomineescannot insist on their ordinary rates,* and that there may be cir-cumstances where arbitrators on the same tribunal are remu-nerated according to different rates (since arbitrators may havesignificantly different overheads, a same-rate policy may be il-lusory). Furthermore, we support three particular amendmentsrelating to costs:

- establishing the LCIA's authority to set fees (proposed in new 169

Article 24.1 );

- making appointment conditional upon acceptance of fee rates 170

proposed by the Registrar (new Article 5.3);

- making clear that the arbitrators may order costs of represen- 171

tation (new Article 18.3),

* Note: The ICC's form letter of appointment says: “Your usual 172

hourly rate or the usual systems of remuneration in your pro-fession in your country are not taken into consideration by theCourt in determining fees”.

The English Arbitration Act 1996 is intended to contain a new 173

statement of the law and practice of English commercial arbitra-tion. The Act is the most extensive statutory reform of Englisharbitration law in the history of the United Kingdom Parliament.More particularly for the LCIA, the Act proposes a much greaterliberty for parties to agree their arbitral procedure and thereby,in effect, enfranchises the LC1A to provide a near-exhaustiveprocedural code for its users.

Section 4(3) of the Act makes it explicitly clear that reference 174

to institutional rules create a permissible regime for all non-





mandatory provisions of the Act with respect to the initiationand conduct of arbitral proceedings.

The LCIA Rules should be revised to take full advantage of the175

1996 Act.

It is inevitable that the LCIA should not bring revised Rules into176

effect until after the operative date of the 1996 Act. Whilst IJanuary 1997 is the target date for such operative date, theremay be some delay if the Lord Chancellor's Department is tardywith the new rules of the Supreme Court, required to be in placeprior to that date.

Accordingly, the proposals made at this stage are necessarily177

incomplete and are offered with the expectation that they willbenefit from criticism and suggested improvements.

The footnote from 85R is deleted since the LCIA's name,178

changed in 1985, is now familiar. Although it is true thatrequests are still submitted referring to the London Court ofArbitration (or the International Rules of the London Court ofArbitration), there is no difficulty in demonstrating the continuedidentity of the institution.

The second paragraph from 85R is deleted. Its meaning is ob-179

scure, and indeed at first blush contrary to all expectations; asa matter of practical reality, arbitrators rather than the Court willmost often ensure the application of the Rules. The idea soughtto be expressed is more complex, but is not made explicit. It ei-ther requires a fuller statement, or none at all. Since the bodyof the Rules in various instances specifically indicate the su-pervising function of the Court, deletion seems preferable. Atthe same time, one eliminates the need to use the confusingexpression “Arbitration Court of the LCIA,” which is technicallycorrect (since “the LCIA” is a corporation with a Board of Di-rectors separate from “the Court,” operating as a sui generisoffshoot of that corporation) but obscure to users.

Subparagraph (g) does no more than make the requirement 180

more visible, since parties frequently overlook it.

96DR does not incorporate a suggestion that the claimant be 181

asked to give an indication of the amount in dispute, althoughthis may be useful in selecting arbitrators. For various reasons,it does not appear appropriate to go beyond 85R subparagraph(c) .

It should be noted that the Respondent may not agree with the 182

Claimant that there has been an agreement as to the numberof arbitrators.

The deadline for the Response runs from receipt of the Re- 183

quest, while the date of commencement of the arbitration is re-ceipt by the Registrar. Occasionally, the Registrar has receivedthe Request much later than the Respondent, and some timeshas received an incomplete Request (e.g. no registration fee).Given the optional nature of the Response, no revision is pro-posed on this account.

This text essentially follows <AHRef=“/trade_law/art/wipo.arbitration.rules.1994/004.html”>Article184

4 of the WlPO Arbitration Rules .

Ultimately there is probably no way to draft rules with regard 185

to notices and deadlines that will operate perfectly in all cir-cumstances, particularly with regard to Respondents in distantcountries who simply do not manifest themselves. Some flex-ibility is needed here, especially with a view to such legal re-quirements that may apply to the enforcement of awards in agiven situation.

Article 3.2 is permissive rather than mandatory. The Regis- 186

trar will ordinarily accept the Claimant's indication as to the Re-spondent's address (subject to inquiry if it appears peculiar),and the Claimant will bear the consequences of an erroneousindication.

This new Article 4 - and indeed its very existence - will doubt- 187





less be the object of very extensive discussion. The most fun-damental concepts at work in this Article may be listed as fol-lows:

- by including this mechanism in the Rules, it becomes available188

without any special contractual reference;

- an application may be made ex parte, subject to a request for189

retraction;

- Provisional Orders have merely contractual weight, and may190

not be enforced as awards; any non-judicial provisional reliefthat must be enforced judicially will necessarily not be immedi-ate, and may as well be granted by the Arbitral Tribunal as perthe final words of draft Article 4.3;

- when a party needs immediate and enforceable relief, there is191

no good substitute for the courts; hence draft Article 4.8.

WIPO is currently considering “Supplementary Emergency In-192

terim Relief Rules” to be applied by a so-called Emergency Ar-bitrator.

The LCIA strives to give users a cost-effective solution. Oc-193

casionally it has been impeded by arbitrators demanding egre-giously high fees. The added phrase in Article 5.3 is designedto assist in dealing with such situations.

The nationality requirement in 85R Article 5.3 seems out of194

place; it appears in a special Article 6.

Article 7 merely reiterates subparagraphs 3.6, 3.7, and 3.8 of195

85R Article 3 which seems too long and confusing. Similarly,Article 8 reiterates subparagraph 3.5 of 85R Article 3, whichseems out of logical order.

The newArticle 9 follows the <AHRef=“/trade_law/doc/WIPO.Arbitration.Rules.1994.html#NR58”>WIPO196

Rules , which in turn were inspired by the AAA InternationalRules. Notwithstanding these reputable precedents, thedrafting committee wonders whether an award rendered by

two arbitrators, deciding to continue the arbitration in the ab-sence of the third one, whereas the arbitration convention hadprovided for a panel of three arbitrators, could be challengedin national courts, e.g. on the basis of Article 1502 of theFrench new Code of civil procedure (appeal of exequatur) orArticle 1504 (recourse for annulment if the award is renderedin France). If one answered that the parties had referred tothe LCIA Rules containing a provision to that effect, the words“in their sole discretion” could nevertheless appear going toofar.

There has been some comment to the effect that the risk to 197

enforceability of proceeding with two arbitrators is not worthrunning, given the fact that the LCIA could quickly name a re-placement under 96DR Article 7.1, and the remaining arbitra-tors could by majority decide not to repeat the presentation ofevidence and arguments (under Articles 11.2 and 17.2).

This is a reiteration of 85R Article 4, except for Article 10.4 (85R 198

4.4) which is deleted in view of Article 3.3.

These are reiterations of 85R Articles 5 and 6. 199

Article 13.1 eliminates the curious possibility that arbitrators 200

who were named for a particular place of arbitration can decideto go elsewhere.

Article 13.3 follows <AHRef=“/trade_law/art/wipo.arbitration.rules.1994/059.html”>Article201

59(b) of the WIPO rules , which was intended to respond to theIndia/ Pakistan problem (e.g. Singer)

Should one use “seat” rather than “place”? (<AHRef=“/trade_law/art/England.Arbitration.Act.1996/003.html”>Article202

3 of the English Act uses “seat.”) On the one hand,we are really encouraging the parties to select a ju-ridical base for the arbitration. On the other hand,“place” is used in a lot of other contexts including the <AHRef=“/trade_law/doc/UN.Arbitration.Recognition.and.Enforcement.Convention.1958.html”>NewYork Convention .





The Registrar has been asked what the LCIA did about203

tribunals signing awards at the place of arbitration. (<AHRef=“/trade_law/doc/ICC.Conciliation.Arbitration.Rules.1988.html#NR35”>Article22 ICC Rules contains a deeming provision.) Lack of such aprovision has not caused problems to date, although tribunalsdo ask for guidance from time to time. Is it something weshould consider?

The fallback reference to London is perhaps the most often-204

discussed element of 85R. Some views have been expressedto the effect that it is a deterrent to users in other parts of theworld such as Asia. The counter-argument is that it is useful tohave a fallback in the interest of certainty, and that parties whohave referred to the LCLA should legitimately expect that theonly such fallback would be London. Parties who are deterredby London need only select a different venue in their arbitrationagreement.

The purpose of this article (originally 85 R Article 8 ) is to neu-205

tralise dilatory tactics by a party having signed a contract in aninternationally used language but then insisting that its funda-mental rights would be violated if it could not present its case inits own language.

Although in theory the rule as originally drafted could have given206

rise to difficulties if the contract at issue was itself in a very un-usual language, this has not turned out to be a major problemin practice. A claimant having signed a contract in an obscurelanguage with a reference to the LCIA will simply have to livewith the consequences, which are that the proceedings may beless efficient and more expensive than if they were conductedin English. This seems a reasonable trade-off for the valuablepurpose mentioned above.

On the other hand, the LCIA occasionally must deal with con-207

tracts in two languages, each having equal status. Under theexisting subparagraph 1, this appears to mean that all corre-

spondence relating to the arbitration should, strictly speaking,be sent in both languages (which is costly in terms of trans-lation fees). Where the contract is in two languages, but oneversion of the contract is the authoritative version, would it becorrect to say that the language of the authoritative version wasthe language of the arbitration, or would both languages still beapplicable? Obviously, as with most things, where the partiesare co-operating , such matters are usually resolved by agree-ment. Problems arise when one party declines to participatein the proceedings. A different issue arose recently where thecontract was in Russian. The Claimant was Russian and theRespondent an Irish company not participating in the arbitra-tion. The place of arbitration was London and the arbitrator wasan Englishman, having knowledge of Russian. The Claimantwas content to proceed in English, but the Respondent did notagree to this as it did not respond to anything. As a matter ofpractice, the matter is proceeding in English, with the Respon-dent having been given the opportunity to object. 96DR Article6.2 addresses this difficulty.

The problemsmentioned in the preceding paragraph have been 208

addressed by the new wording of Article 14.1.

No changes are suggested except in subparagraph 16.1, where 209

the new wording is intended to make clear that the Arbitral Tri-bunal need not conduct a hearing in a case where the Claimantdoes not want one and the Respondent is in default, and theinsertion of a new subparagraph 16.5, which gives the ArbitralTribunal authority to impose time limits on hearings.

Thought has been given to the need to make specific ref- 210

erences in Article 17 to “parties” as opposed to “witnesses”given the continental distinction between the two. On balanceit seems that any important distinction may be made by theArbitral Tribunal under subparagraph 17.2

85R Article 13.1 (c) provides that unless all the parties agree 211





otherwise, the arbitral tribunal may allow the joinder of partieswho wish to enter the arbitration. This means that it is possiblethan an award may be rendered that purports to bind not onlyA and B, who signed the arbitration agreement, but also DC,who did not but appeared voluntarily; and this even though Bdid not want X to be joined. It has been suggested that thismay create problems of enforcement, as B might argue that itnever agreed to arbitration with X. The counter to this argument(which was considered at length during the preparation of theRules) is that B by definition would have accepted arbitrationunder rules that do allow joinder. There is no reason to imagil1ethat B would be able to resist an award against B in favour of Aon the grounds of the presence of X. A may have a legitimateinterest in having X bound by the result of the proceedings; thatis for the arbitral tribunal to appreciate. This seems to be amodest but real achievement in the daunting area of multipartyarbitration, and the Working Party is not inclined to give this upbecause of the difficulties that might arise in the rather moreremote hypothesis of an award against B in favour of X.

85R Article 13.1(c) may have been the first manifestation of an212

arbitration rules providing for consolidation, albeit in a limitedform. Since then, the WIPO Rules have gone further. The LCIAdrafting committee does not propose to follow suit, but ratherreflect the assumption that contract drafters should be left todevise solutions to their particular contexts. On the other hand,it has been recognised for some time that the original words“allow” and “them” required clarification.

The words in subparagraphs (g) and (h) have been added in213

order to address concerns that the original drafting was over-broad.

Article 19.2 no longer refers to subparagraph 1 (h), which was a214

mistake, while introducing the idea that the arbitrators might au-thorise judicial assistance re inspection (g) or discovery (i). The

removal of (h) should put an end to what has been a constantsource of telephone inquiries to the Registrar from the advis-ers of parties wishing to apply to the High Court for conserva-tory measures relating to contracts where there is an arbitrationclause.

85R Article 14.3 has been deleted on the grounds that its only 215

essential provision is covered in 96DR Article 19.7.

The administration of funds by the Court rather than by arbi- 216

trators represents an important change allowing greater insti-tutional management in the interest of consistency and, it ishoped, overall cost-efficiency.

In consequence, the Court and the Registrar will have to de- 217

velop clear guidelines as to the manner in which time spentand disbursement made by arbitrators is to be justified.

Subparagraph 4 must be reviewed in light of the outcon1e of 218

proposed Article 4 (provisional orders).¨

Subparagraph 4 will, in light of Article 24.2, require co-operation 219

between the Court and the Tribunal. This may be cumbersome,but seems unavoidable. (ICC practitioners are familiar with thisprocess.)

This reiterates 85R Article 17. 220

Subparagraphs 1 and 2 remove arbitrators' power to fix their 221

own fees. There have been occasional difficulties in this re-spect. Better practices (record-keeping, prior understandings)should follow automatically when arbitrators realise they mustconvince the Registrar.

Certain decisions by arbitrators under the Rules may be review- 222

able by national courts, e.g. jurisdictional issues, questions ofthe right to be heard. But we do not intend any decisions of theCourt to touch on such issues. Therefore 85R Article 3.9 hasbeen moved to become the free-standing general Article 25. It





should be reviewed with particular scrutiny to the extent that aregime of provisional orders (i.e. Article 4) is adopted.

At this stage, very few rules contain any provisions regarding223

confidentiality. ⌠TheWIPORules⌡/trade_law/doc/WIPO.Arbitration.Rules.1994.htmlare unique in their explicit and detailed treatment of the issue infive entire articles ( ⌠52⌡/trade_law/art/wipo.arbitration.rules.1994/052.html,⌠73⌡/trade_law/art/wipo.arbitration.rules.1994/073.html,⌠74⌡/trade_law/art/wipo.arbitration.rules.1994/074.html,⌠75⌡/trade_law/art/wipo.arbitration.rules.1994/075.html and⌠76⌡/trade_law/art/wipo.arbitration.rules.1994/076.html). TheICC Rules will doubtless contain a confidentiality provisionexpressed in more general succinct terms. The latter approachis proposed here, recognising that WIPO by its nature isparticularly concerned with trade and industrial secrets.

The change reflects the fact that the rules revision com-224

mittee has for a number of years considered that it was amistake to suggest to users that the Court would not beliable for “conscious and deliberate wrongdoing.” The newEnglish Act uses the expression “bad faith” instead of “con-scious and deliberate wrongdoing” (which was adoptedin the Bermuda enactment of the ⌠UNCITRAL ModelLaw⌡/trade_law/doc/UN.Procurement.Model.Law.1994.html).There seems to be no inconsistency, but for a wide internationalaudience the longer expression might be more comprehensible(as well as avoiding the impression that substantive changewas intended by changing the language).

The drafting committee is reluctant to alter the LCLA model225

clause, but it should be compared with its more explicit WIPOcognate (e.g. re “non-contractual claims” ) to determinewhether we should follow suit. It is however doubted thatit is necessary to amend the model clause. There is plentyof authority in the US and in England to the effect that the“arising out of or in connection with” wording encompasses

non-contractual claims:

an amendment nowmay sow the seeds of doubt as to the effect 226

of hundreds of existing clauses.





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Title: London Court of International Arbitration Rules - (Preliminary Discussion Draft

of the proposed new rules to take effect in 1997)

Creator: London Court of International Arbitration (LCIA)

Rights: Copyright (C) 1997 London Court of International Arbitration (LCIA)

Publisher: SiSU ‹http://www.jus.uio.no/sisu› (this copy)

Date: 1997

Topics Registered: arbitration:rules

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