The new DIFC-LCIA Arbitration Rules (the Rules) came into force as of 1 October The Rules reflect amendments made to the LCIA Arbitration . The DIFC-LCIA’S Rules On 1 October , the DIFC-LCIA Arbitration Centre (“DIFC-LCIA”) released its new DIFC-LCIA Arbitration Rules (the ” It is expected that the DIFC-LCIA’s adoption of the Rules will be viewed as providing an enhanced regime for energy, infrastructure and.

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The Arbitratlon Tribunal shall not be required to apply the rates or procedures for assessing such costs practised by any state court or other legal authority.

arbitratiln An award of the Emergency Arbitrator shall comply with Article Specialist advice should be sought about your specific circumstances. If these guidelines are breached, the tribunal has the power to impose sanctions on counsel including, written reprimand, or any other measure the tribunal believes is necessary for it to ensure its ability to maintain its general duties is preserved.

When the Arbitral Tribunal not being a sole arbitrator establishes a time for what it contemplates shall be the last submission from the parties whether written or oralit shall set aside adequate time for deliberations as soon as possible after that last submission and notify lcka parties of the time it has set aside.

Certain time periods in the Rules have been reduced. For example, a respondent now has 28 days to submit a response to a request for arbitration, rather than 30 days Article 2. The Special Fee shall be subject to the terms of the Schedule of Costs.

This can have implications idfc the enforceability of the arbitration agreement or its interpretation.

DIFC-LCIA Arbitration Centre | Herbert Smith Freehills – Arbitration notes

A party may challenge an arbitrator whom it has nominated, or in whose appointment it has participated, only for reasons of which it becomes aware after the appointment has been made by arbktration LCIA Court.

If the application is granted, for the purpose of forming the Arbitral Tribunal the LCIA Court may abridge any period of time under the Arbitration Agreement or other agreement of the parties pursuant to Article This Index comprises djfc defined and other undefined terms.

These mirror the grounds set out in Article 5 of the NYC mentioned above. As to form, a hearing may take arbiteation by video or telephone conference or in person or a combination of all three. More from this Firm. Key Contacts If you have any questions, or would like to know how this might affect your business, phone, or email these key contacts.


Arbitration Rules 2016

In permitting any legal representative so to appear, a party shall thereby represent that the legal representative has agreed to such compliance. Your document is being created. lciaa

If the last day of such period is an official holiday or non-business day at the place of that addressee or the place of the party against whom the calculation of time appliesthe period shall be extended until the first business day which follows that last day. Parties now have to notify all other parties, the Tribunal and the Registrar if there are any changes or additions to the parties’ legal representatives following the Tribunal’s formation Article Article 13 Communications between Parties and Arbitral Tribunal.

The ability of the parties to apply for expedited formation of the Tribunal, is retained Article 9A and it will be interesting to see to what extent this provision is used in the light of the Emergency Arbitrator provisions, and vice versa.

DIFC-LCIA arbitration – Institutional and ad hoc arbitration – Arbitra

Conversely, a small but complex claim might require close analysis and consideration of delicate and controversial issues of law and fact. If and to the extent that the Arbitral Tribunal decides that the parties have made no such choice, the Arbitral Tribunal shall apply the law s or rules of law which it considers appropriate.

Dubai aspires to become the regional hub for international commercial arbitration. For example, the DIFC Courts will intervene in proceedings where an application to enforce an interim measure ordered by the tribunal is made, where a party involved is defiant.

If the Arbitral Tribunal orders that other party to secure the attendance of that witness and the witness refuses or fails to attend the hearing without good cause, the Arbitral Tribunal may place such weight on the written testimony or exclude all or any part thereof altogether as it considers appropriate in the circumstances.

This topic may be referred to as: In contrast, the Rules were silent regarding this issue. The Practice Note considers: Article 7 Party and Other Nominations.

The Emergency Arbitrator shall be responsible for delivering any order or award to the Registrar, who shall transmit the same promptly to the parties by electronic means, in addition to paper form if so requested by any party.


And finally… The role of “Chairman” becomes that of “Presiding Arbitrator”. If the Arbitral Tribunal has decided that all or any part of the Arbitration Costs shall be borne by a party other than a party which has already covered such costs by way of a payment to the DIFC-LCIA Arbitration Centre under Article 24, the latter party shall have the right to recover the appropriate amount of Arbitration Costs from the former party.

A large but relatively straightforward claim may require simple analysis of uncomplicated matters. However, in the absence of agreement between the parties, the default seat applies up to and until the formation of the Tribunal. Caroline specialises in disputes in the energy sector. The changes do not go as far as those of SIAC which contemplate a claimant in a multi-contract dispute filing multiple Notices of Arbitration in respect of disputes under each contract, and concurrently apply to consolidate the proceedings or filing a single Notice of Arbitration for all disputes, which is then deemed to be an application to consolidate all proceedings.


Although “lump sum” type fee amounts have been historically quite popular in the region, many practitioners feel that such an ad valorem system is not fair. Nor shall these guidelines derogate from any mandatory laws, rules of law, professional rules or codes of conduct if and to the extent that any are shown to apply to a legal representative appearing in the arbitration.

Article 15 Written Statements. The Rules acknowledge that there may be more than one claimant or respondent Articles 1. As a result of this action, the DIFC-LCIA inherited several changes intended to enhance and expedite arbitration proceedings, some of which are discussed below: Herbert Smith Freehills use cookies to enhance your experience on our website. Pursuant to the DIFC-LCIA costs rules, the first claim mentioned above will not cost the parties more in terms of the Centres and the Tribunal’s fees simply because the amount in dispute is greater.