THE LCIA RULES
(adopted to take effect for arbitrations commencing onafter 1 January 1998)

Where any agreement submissionreference provides in writing in whatsoever manner for arbitration under the rules of the LCIAby the Court of the LCIA ("the LCIA Court") the parties shall be taken to have agreed in writing that the arbitration shall be conducted in accordance with the following rules ("the Rules")such amended rules as the LCIA may have adopted hereafter to take effect before the commencement of the arbitration. The Rules include the Schedule of Costs in effect at the commencement of the arbitration as separately amended time to time by the LCIA Court.

 

 

1.1 Any party wishing to commence an arbitration under these Rules ("the Claimant") shall send to the Registrar of the LCIA Court ("the Registrar") a written request for arbitration ("the Request") containingaccompanied by:

(a) the names addresses telephone facsimile telex e-mail numbers (if known) of the parties to the arbitration of their legal representatives;

 (b) a copy of the written arbitration clauseseparate written arbitration agreement invoked by the Claimant ("the Arbitration Agreement") together with a copy of the contractual documentation in which the arbitration clause is containedin respect of which the arbitration arises;

 (c) a brief statement describing the nature circumstances of the dispute specifying the claims advanced by the Claimant against another party to the arbitration ("the Respondent");

 (d) a statement of any matters (such as the seatlanguage(s) of the arbitrationthe number of arbitratorstheir qualificationsidentities) on which the parties have already agreed in writing for the arbitrationin respect of which the Claimant wishes to make a proposal;

 (e) if the Arbitration Agreement calls for party nomination of arbitrators the name address telephone facsimile telex e-mail numbers (if known) of the Claimant's nominee;

 (f) the fee prescribed in the Schedule of Costs (without which the Request shall be treated as not having been received by the Registrar the arbitration as not having been commenced);

 (g) confirmation to the Registrar that copies of the Request (including all accompanying documents) have beenare being served simultaneously on all other parties to the arbitration by onemore means of service to be identified in such confirmation.

1.2 The date of receipt by the Registrar of the Request shall be treated as the date on which the arbitration has commenced for all purposes. The Request (including all accompanying documents) should be submitted to the Registrar in two copies a sole arbitrator should be appointed or if the parties have agreedthe Claimant considers that three arbitrators should be appointed in four copies.

 

 2.1 Within 30 days of service of the Request on the Respondent (or such lesser period fixed by the LCIA Court) the Respondent shall send to the Registrar a written response to the Request ("the Response") containingaccompanied by:

 (a) confirmationdenial of allpart of the claims advanced by the Claimant in the Request;

 (b) a brief statement describing the nature circumstances of any counterclaims advanced by the Respondent against the Claimant;

 (c) comment in response to any statements contained in the Request as called for under Article 1.1(d) on matters relating to the conduct of the arbitration;

 (d) if the Arbitration Agreement calls for party nomination of arbitrators the name address telephone facsimile telex e-mail numbers (if known) of the Respondent's nominee;

 (e) confirmation to the Registrar that copies of the Response (including all accompanying documents) have beenare being served simultaneously on all other parties to the arbitration by onemore means of service to be identified in such confirmation.

 2.2 The Response (including all accompanying documents) should be submitted to the Registrar in two copiesif the parties have agreedthe Respondent considers that three arbitrators should be appointed in four copies.

 2.3 Failure to send a Response shall not preclude the Respondent denying any claim advancing a counterclaim in the arbitration. However if the Arbitration Agreement calls for party nomination of arbitrators failure to send a Responseto nominate an arbitrator within timeat all shall constitute an irrevocable waiver of that party's opportunity to nominate an arbitrator.

 3.1 The functions of the LCIA Court under these Rules shall be performed in its name by the Presidenta Vice-President of the LCIA Courtby a division of threefive members of the LCIA Court appointed by the Presidenta Vice-President of the LCIA Court as determined by the President.

 3.2 The functions of the Registrar under these Rules shall be performed by the Registrarany deputy Registrar of the LCIA Court under the supervision of the LCIA Court.

 3.3 All communications any partyarbitrator to the LCIA Court shall be addressed to the Registrar.

4.1 Any noticeother communication that may beis required to be given by a party under these Rules shall be in writing shall be delivered by registered postalcourier servicetransmitted by facsimile telex e-mailany other means of telecommunication that provide a record of its transmission.

4.2 A party's last-known residenceplace of business during the arbitration shall be a valid address for the purpose of any noticeother communication in the absence of any notification of a change to such address by that party to the other parties the Arbitral Tribunal the Registrar.

4.3 For the purpose of determining the date of commencement of a time limit a noticeother communication shall be treated as having been received on the day it is delivered or in the case of telecommunications transmitted in accordance with Articles 4.1 4.2.

4.4 For the purpose of determining compliance with a time limit a noticeother communication shall be treated as having been sent madetransmitted if it is dispatched in accordance with Articles 4.1 4.2 prior toon the date of the expiration of the time-limit.

4.5 Notwithsting the above any noticecommunication by one party may be addressed to another party in the manner agreed in writing between them or failing such agreement according to the practice followed in the course of their previous dealingsin whatever manner ordered by the Arbitral Tribunal.

4.6  For the purpose of calculating a period of time under these Rules such period shall begin to run on the day following the day when a noticeother communication is received. If the last day of such period is an official holidaya non-business day at the residenceplace of business of the addressee the period is extended until the first business day which follows. Official holidaysnon-business days occurring during the running of the period of time are included in calculating that period.

 4.7 The Arbitral Tribunal may at any time extend (even the period of time has expired)abridge any period of time prescribed under these Rulesunder the Arbitration Agreement for the conduct of the arbitration including any noticecommunication to be served by one party on any other party.

 

5.1 The expression "the Arbitral Tribunal" in these Rules includes a sole arbitratorall the arbitrators more than one. All references to an arbitrator shall include the masculine feminine. ( References to the President Vice-President members of the LCIA Court the Registrardeputy Registrar expert witness party legal representative shall be similarly understood).

5.2 All arbitrators conducting an arbitration under these Rules shall be remain at all times impartial independent of the parties; none shall act in the arbitration as advocates for any party. No arbitrator whether beforeafter appointment shall advise any party on the meritsoutcome of the dispute.

5.3 Before appointment by the LCIA Court each arbitrator shall furnish to the Registrar a written résumé of his past present professional positions; he shall agree in writing upon fee rates conforming to the Schedule of Costs; he shall sign a declaration to the effect that there are no circumstances known to him likely to give rise to any justified doubts as to his impartialityindependence other than any circumstances disclosed by him in the declaration. Each arbitrator shall thereby also assume a continuing duty forthwith to disclose any such circumstances to the LCIA Court to any other members of the Arbitral Tribunal to all the parties if such circumstances should arise after the date of such declaration before the arbitration is concluded.

5.4 The LCIA Court shall appoint the Arbitral Tribunal as soon as practicable after receipt by the Registrar of the Responseafter the expiry of 30 days following service of the Request upon the Respondent if no Response is received by the Registrar (or such lesser period fixed by the LCIA Court). The LCIA Court may proceed with the formation of the Arbitral Tribunal notwithsting that the Request is incompletethe Response is missing lateincomplete. A sole arbitrator shall be appointed unless the parties have agreed in writing otherwiseunless the LCIA Court determines that in view of all the circumstances of the case a three-member tribunal is appropriate.

5.5 The LCIA Court alone is empowered to appoint arbitrators. The LCIA Court will appoint arbitrators with due regard for any particular methodcriteria of ion agreed in writing by the parties. In ing arbitrators consideration will be given to the nature of the transaction the nature circumstances of the dispute the nationality location languages of the parties (if more than two) the number of parties.

5.6 In the case of a three-member Arbitral Tribunal the chairman (who will not be a party-nominated arbitrator) shall be appointed by the LCIA Court.

 

6.1 Where the parties are of different nationalities a sole arbitratorchairman of the Arbitral Tribunal shall not have the same nationality as any party unless the parties who are not of the same nationality as the proposed appointee all agree in writing otherwise.

6.2 The nationality of parties shall be understood to include that of controlling shareholdersinterests.

6.3 For the purpose of this Article a person who is a citizen of twomore states shall be treated as a national of each state; citizens of the European Union shall be treated as nationals of its different Member States shall not be treated as having the same nationality.

7.1 If the parties have agreed that any arbitrator is to be appointed by onemore of themby any third person that agreement shall be treated as an agreement to nominate an arbitrator for all purposes. Such nominee may only be appointed by the LCIA Court as arbitrator subject to his prior compliance with Article 5.3. The LCIA Court may refuse to appoint any such nominee if it determines that he is not suitableindependentimpartial.

 7.2 Where the parties have howsoever agreed that the Respondentany third person is to nominate an arbitrator such nomination is not made within timeat all the LCIA Court may appoint an arbitrator notwithsting the absence of the nomination without regard to any late nomination. Likewise if the Request for Arbitration does not contain a nomination by the Claimant the parties have howsoever agreed that the Claimanta third person is to nominate an arbitrator the LCIA Court may appoint an arbitrator notwithsting the absence of the nomination without regard to any late nomination.

 

 8.1 Where the Arbitration Agreement entitles each party howsoever to nominate an arbitrator the parties to the dispute number more than two such parties have not all agreed in writing that the disputant parties represent two separate sides for the formation of the Arbitral Tribunal as Claimant Respondent respectively the LCIA Court shall appoint the Arbitral Tribunal without regard to any party's nomination.

8.2 In such circumstances the Arbitration Agreement shall be treated for all purposes as a written agreement by the parties for the appointment of the Arbitral Tribunal by the LCIA Court.

 

9.1 In exceptional urgency onafter the commencement of the arbitration any party may apply to the LCIA Court for the expedited formation of the Arbitral Tribunal including the appointment of any replacement arbitrator under Articles 10 11 of these Rules.

9.2 Such an application shall be made in writing to the LCIA Court copied to all other parties to the arbitration; it shall set out the specific grounds for exceptional urgency in the formation of the Arbitral Tribunal.

9.3 The LCIA Court may in its complete discretion abridgecurtail any time-limit under these Rules for the formation of the Arbitral Tribunal including service of the Response of any mattersdocuments adjudged to be missing the Request. The LCIA Court shall not be entitled to abridgecurtail any other time-limit.

10.1 If either (a) any arbitrator gives written notice of his desire to resign as arbitrator to the LCIA Court to be copied to the parties the other arbitrators (if any)(b) any arbitrator dies falls seriously ill refusesbecomes unableunfit to act either upon challenge by a partyat the request of the remaining arbitrators the LCIA Court may revoke that arbitrator's appointment appoint another arbitrator. The LCIA Court shall decide upon the amount of fees expenses to be paid for the former arbitrator's services (if any) as it may consider appropriate in all the circumstances.

10.2 If any arbitrator acts in deliberate violation of the Arbitration Agreement (including these Rules)does not act fairly impartially as between the partiesdoes not conductparticipate in the arbitration proceedings with reasonable diligence avoiding unnecessary delayexpense that arbitrator may be considered unfit in the opinion of the LCIA Court.

10.3 An arbitrator may also be challenged by any party if circumstances exist that give rise to justifiable doubts as to his impartialityindependence. A party may challenge an arbitrator it has nominatedin whose appointment it has participated only for reasons of which it becomes aware after the appointment has been made.

 10.4 A party who intends to challenge an arbitrator shall within 15 days of the formation of the Arbitral Tribunal(if later) after becoming aware of any circumstances referred to in Article 10.1 10.210.3 send a written statement of the reasons for its challenge to the LCIA Court the Arbitral Tribunal all other parties. Unless the challenged arbitrator withdrawsall other parties agree to the challenge within 15 days of receipt of the written statement the LCIA Court shall decide on the challenge.

 

11.1 In the event that the LCIA Court determines that any nominee is not suitableindependentimpartialif an appointed arbitrator is to be replaced for any reason the LCIA Court shall have a complete discretion to decide whethernot to follow the original nominating process.

11.2 If the LCIA Court should so decide any opportunity given to a party to make a re-nomination shall be waived if not exercised within 15 days (or such lesser time as the LCIA Court may fix) after which the LCIA Court shall appoint the replacement arbitrator.

 

 12.1 If any arbitrator on a three-member Arbitral Tribunal refusespersistently fails to participate in its deliberations the two other arbitrators shall have the power upon their written notice of such refusalfailure to the LCIA Court the parties the third arbitrator to continue the arbitration (including the making of any decision rulingaward) notwithsting the absence of the third arbitrator.

12.2 In determining whether to continue the arbitration the two other arbitrators shall take into account the stage of the arbitration any explanation made by the third arbitrator for his non-participation such other matters as they consider appropriate in the circumstances of the case. The reasons for such determination shall be stated in any award orderother decision made by the two arbitrators without the participation of the third arbitrator.

12.3 n the event that the two other arbitrators determine at any time not to continue the arbitration without the participation of the third arbitrator missing their deliberations the two arbitrators shall notify in writing the parties the LCIA Court of such determination; in that event the two arbitratorsany party may refer the matter to the LCIA Court for the revocation of that third arbitrator's appointment his replacement under Article 10.

13.1 Until the Arbitral Tribunal is formed all communications between parties arbitrators shall be made through the Registrar.

13.2 hereafter unless until the Arbitral Tribunal directs that communications shall take place directly between the Arbitral Tribunal the parties (with simultaneous copies to the Registrar) all written communications between the parties the Arbitral Tribunal shall continue to be made through the Registrar.

13.3 Where the Registrar sends any written communication to one party on behalf of the Arbitral Tribunal he shall send a copy to each of the other parties. Where any party sends to the Registrar any communication (including Written Statements Documents under Article 15) it shall include a copy for each arbitrator; it shall also send copies direct to all other parties confirm to the Registrar in writing that it has doneis doing so.

14.1 The parties may agree on the conduct of their arbitral proceedings they are encouraged to do so consistent with the Arbitral Tribunal's general duties at all times:

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

 (ii) to adopt procedures suitable to the circumstances of the arbitration avoiding unnecessary delayexpense so as to provide a fair efficient means for the final resolution of the parties' dispute.

Such agreements shall be made by the parties in writingrecorded in writing by the Arbitral Tribunal at the request of with the authority of the parties

 

14.2 Unless otherwise agreed by the parties under Article 14.1 the Arbitral Tribunal shall have the widest discretion to discharge its duties allowed under such law(s)rules of law as the Arbitral Tribunal may determine to be applicable; at all times the parties shall do everything necessary for the fair efficient expeditious conduct of the arbitration.

14.3 In the case of a three-member Arbitral Tribunal the chairman may with the prior consent of the other two arbitrators make procedural rulings alone.

 

 15.1 Unless the parties have agreed otherwise under Article 14.1the Arbitral Tribunal should determine differently the written stage of the proceedings shall be as set out below.

 15.2 Within 30 days of receipt of written notification the Registrar of the formation of the Arbitral Tribunal the Claimant shall send to the Registrar a Statement of Case setting out in sufficient detail the facts any contentions of law on which it relies together with the relief claimed against all other parties save insofar as such matters have not been set out in its Request.

15.3 Within 30 days of receipt of the Statement of Casewritten notice the Claimant that it elects to treat the Request as its Statement of Case the Respondent shall send to the Registrar a Statement of Defence setting out in sufficient detail which of the facts contentions of law in the Statement of CaseRequest (as the case may be) it admitsdenies on what grounds on what other facts contentions of law it relies. Any counterclaims shall be submitted with the Statement of Defence in the same manner as claims are to be set out in the Statement of Case.

15.4 Within 30 days of receipt of the Statement of Defence the Claimant shall send to the Registrar a Statement of Reply which there are any counterclaims shall include a Defence to Counterclaim in the same manner as a defence is to be set out in the Statement of Defence.

15.5 If the Statement of Reply contains a Defence to Counterclaim within 30 days of its receipt the Respondent shall send to the Registrar a Statement of Reply to Counterclaim.

15.6 All Statements referred to in this Article shall be accompanied by copies (or if they are especially voluminous lists) of all essential documents on which the party concerned relies which have not previously been submitted by any party ( appropriate) by any relevant samples exhibits.

15.7 As soon as practicable following receipt of the Statements specified in this Article the Arbitral Tribunal shall proceed in such manner as has been agreed in writing by the partiespursuant to its authority under these Rules.

 15.8 If the Respondent fails to submit a Statement of Defencethe Claimant a Statement of Defence to Counterclaimif at any point any party fails to avail itself of the opportunity to present its case in the manner determined by Article 15.2 to 15.6directed by the Arbitral Tribunal the Arbitral Tribunal may nevertheless proceed with the arbitration make an award.

 

 

 16.1 he parties may agree in writing the seat (or legal place) of their arbitration. Failing such a choice the seat of arbitration shall be London unless until the LCIA Court determines in view of all the circumstances after having given the parties an opportunity to make written comment that another seat is more appropriate.

 16.2 The Arbitral Tribunal may hold hearings meetings deliberations at any convenient geographical place in its discretion; if else than the seat of the arbitration the arbitration shall be treated as an arbitration conducted at the seat of the arbitration any award as an award made at the seat of the arbitration for all purposes.

 16.3 The law applicable to the arbitration (if any) shall be the arbitration law of the seat of arbitration unless to the extent that the parties have expressly agreed in writing on the application of another arbitration law such agreement is not prohibited by the law of the arbitral seat.

 

 17.1 The initial language of the arbitration shall be the language of the Arbitration Agreement unless the parties have agreed in writing otherwise providing always that a non-participatingdefaulting party shall have no cause for complaint if communications to the Registrar the arbitration proceedings are conducted in English.

17.2 In the event that the Arbitration Agreement is written in more than one language the LCIA Court may unless the Arbitration Agreement provides that the arbitration proceedings shall be conducted in more than one language decide which of those languages shall be the initial language of the arbitration.

17.3 Upon the formation of the Arbitral Tribunal unless the parties have agreed upon the languagelanguages of the arbitration the Arbitration Tribunal shall decide upon the language(s) of the arbitration after giving the parties an opportunity to make written comment taking into account the initial language of the arbitration any other matter it may consider appropriate in all the circumstances of the case.

17.4 If any document is expressed in a language other than the language(s) of the arbitration no translation of such document is submitted by the party relying upon the document the Arbitral Tribunal(if the Arbitral Tribunal has not been formed) the LCIA Court may order that party to submit a translation in a form to be determined by the Arbitral Tribunalthe LCIA Court as the case may be.

 

18.1 Any party may be represented by legal practitionersany other representatives.

18.2 At any time the Arbitral Tribunal may require any party proof of authority granted to its representative(s) in such form as the Arbitral Tribunal may determine.

 

19.1 Any party which expresses a desire to that effect has the right to be heard orally before the Arbitral Tribunal on the merits of the dispute unless the parties have agreed in writing on documents-only arbitration.

19.2 The Arbitral Tribunal shall fix the date time physical place of any meetings hearings in the arbitration shall give the parties reasonable notice thereof.

19.3 The Arbitral Tribunal may in advance of any hearing submit to the parties a list of questions which it wishes them to answer with special attention.

19.4 All meetings hearings shall be in private unless the parties agree otherwise in writingthe Arbitral Tribunal directs otherwise.

19.5 The Arbitral Tribunal shall have the fullest authority to establish time-limits for meetings hearingsfor any parts thereof.

20.1 Before any hearing the Arbitral Tribunal may require any party to give notice of the identity of each witness that party wishes to call (including rebuttal witnesses) as well as the subject matter of that witness's testimony its content its relevance to the issues in the arbitration.

20.2 The Arbitral Tribunal may also determine the time manner form in which such materials should be exchanged between the parties presented to the Arbitral Tribunal; it has a discretion to allow refuselimit the appearance of witnesses (whether witness of factexpert witness).

20.3 Subject to any order otherwise by the Arbitral Tribunal the testimony of a witness may be presented by a party in written form either as a signed statementas a sworn affidavit.

20.4 Subject to Article 14.1 14.2 any party may request that a witness on whose testimony another party seeks to rely should attend for oral questioning at a hearing before the Arbitral Tribunal. If the Arbitral Tribunal orders that other party to produce the witness the witness fails to attend the oral hearing without good cause the Arbitral Tribunal may place such weight on the written testimony (or exclude the same altogether) as it considers appropriate in the circumstances of the case.

 20.5 Any witness who gives oral evidence at a hearing before the Arbitral Tribunal may be questioned by each of the parties under the control of the Arbitral Tribunal. The Arbitral Tribunal may put questions at any stage of his evidence.

 

 

20.6 Subject to the matory provisions of any applicable law it shall not be improper for any partyits legal representatives to interview any witnesspotential witness for the purpose of presenting his testimony in written formproducing him as an oral witness.

 20.7 Any individual intending to testify to the Arbitral Tribunal on any issue of factexpertise shall be treated as a witness under these Rules notwithsting that the individual is a party to the arbitrationwasis an officer employeeshareholder of any party.

 

21.1 Unless otherwise agreed by the parties in writing the Arbitral Tribunal:

(a) may appoint onemore experts to report to the Arbitral Tribunal on specific issues who shall be remain impartial independent of the parties throughout the arbitration proceedings;

(b) may require a party to give any such expert any relevant informationto provide access to any relevant documents goods samples propertysite for inspection by the expert.

21.2 Unless otherwise agreed by the parties in writing if a party so requestsif the Arbitral Tribunal considers it necessary the expert shall after delivery of his writtenoral report to the Arbitral Tribunal the parties participate in onemore hearings at which the parties shall have the opportunity to question the expert on his report to present expert witnesses in order to testify on the points at issue.

21.3 The fees expenses of any expert appointed by the Arbitral Tribunal under this Article shall be paid out of the deposits payable by the parties under Article 24 shall form part of the costs of the arbitration.

 

22.1 Unless the parties at any time agree otherwise in writing the Arbitral Tribunal shall have the power on the application of any partyof its own motion but in either case only after giving the parties a reasonable opportunity to state their views:

(a) to allow any party upon such terms (as to costs otherwise) as it shall determine to amend any claim counterclaim defence reply

(b) to extendabbreviate any time-limit provided by the Arbitration Agreementthese Rules for the conduct of the arbitrationby the Arbitral Tribunal's own orders;

(c) to conduct such enquiries as may appear to the Arbitral Tribunal to be necessaryexpedient including whether to what extent the Arbitral Tribunal should itself take the initiative in identifying the issues ascertaining the relevant facts the law(s)rules of law applicable to the arbitration the merits of the parties' dispute the Arbitration Agreement;

 

(d) to order any party to make any property sitething under its control relating to the subject matter of the arbitration available for inspection by the Arbitral Tribunal any other party its expertany expert to the Arbitral Tribunal;

(e) to order any party to produce to the Arbitral Tribunal to the other parties for inspection to supply copies of any documentsclasses of documents in their possession custodypower which the Arbitral Tribunal determines to be relevant;

(f) to decide whethernot to apply any strict rules of evidence (or any other rules) as to the admissibility relevanceweight of any material tendered by a party on any matter of factexpert opinion; to determine the time manner form in which such material should be exchanged between the parties presented to the Arbitral Tribunal;

(g) to order the correction of any contract between the partiesthe Arbitration Agreement but only to the extent required to rectify any mistake which the Arbitral Tribunal determines to be common to the parties then only if to the extent to which the law(s)rules of law applicable to the contractArbitration Agreement permit such correction;

(h) to allow only upon the application of a party onemore third persons to be joined in the arbitration as a party provided any such third person the applicant party have consented thereto in writing thereafter to make a single final awardseparate awards in respect of all parties so implicated in the arbitration;

22.2

By agreeing to arbitration under these Rules the parties shall be treated as having agreed not to apply to any state courtother judicial authority for any order available the Arbitral Tribunal under Article 22.1 except with the agreement in writing of all parties.

22.3

The Arbitral Tribunal shall decide the parties' dispute in accordance with the law(s)rules of law chosen by the parties as applicable to the merits of their dispute. If to the extent that the Arbitral Tribunal determines that the parties have made no such choice the Arbitral Tribunal shall apply the law(s)rules of law which it considers appropriate.

22.4

The Arbitral Tribunal shall only apply to the merits of the dispute principles deriving "ex aequo et bono" "amiable composition""honourable engagement" the parties have so agreed expressly in writing.

 

23.1

The Arbitral Tribunal shall have the power to rule on its own jurisdiction including any objection to the initialcontinuing existence validityeffectiveness of the Arbitration Agreement. For that purpose an arbitration clause which formswas intended to form part of another agreement shall be treated as an arbitration agreement independent of that other agreement. A decision by the Arbitral Tribunal that such other agreement is non-existent invalidineffective shall not entail ipso jure the non-existence invalidityineffectiveness of the arbitration clause.

23.2 A plea by a Respondent that the Arbitral Tribunal does not have jurisdiction shall be treated as having been irrevocably waived unless it is raised not later than the Statement of Defence; a like plea by a Respondent to Counterclaim shall be similarly treated unless it is raised no later than the Statement of Defence to Counterclaim. A plea that the Arbitral Tribunal is exceeding the scope of its authority shall be raised promptly after the Arbitral Tribunal has indicated its intention to decide on the matter alleged by any party to be beyond the scope of its authority failing which such plea shall also be treated as having been waived irrevocably. In any case the Arbitral Tribunal may nevertheless admit an untimely plea if it considers the delay justified in the particular circumstances.

23.3 The Arbitral Tribunal may determine the plea to its jurisdictionauthority in an award as to jurisdictionlater in an award on the merits as it considers appropriate in the circumstances.

23.4 bBy agreeing to arbitration under these Rules the parties shall be treated as having agreed not to apply to any state courtother judicial authority for any relief regarding the Arbitral Tribunal's jurisdictionauthority except with the agreement in writing of all parties to the arbitrationthe prior authorisation of the Arbitral Tribunalfollowing the latter's award ruling on the objection to its jurisdictionauthority.

 

24.1 The LCIA Court may direct the parties in such proportions as it thinks appropriate to make oneseveral interimfinal payments on account of the costs of the arbitration. Such deposits shall be made to held by the LCIA time to time may be released by the LCIA Court to the arbitrator(s) any expert appointed by the Arbitral Tribunal the LCIA itself as the arbitration progresses.

24.2 The Arbitral Tribunal shall not proceed with the arbitration without ascertaining at all times the Registrarany deputy Registrar that the LCIA is in requisite funds.

24.3 In the event that a party failsrefuses to provide any deposit as directed by the LCIA Court the LCIA Court may direct the other partyparties to effect a substitute payment to allow the arbitration to proceed (subject to any award on costs). In such circumstances the party paying the substitute payment shall be entitled to recover that amount as a debt immediately due the defaulting party.

24.4 Failure by a claimantcounterclaiming party to provide promptly in full the required deposit may be treated by the LCIA Court the Arbitral Tribunal as a withdrawal of the claimcounterclaim respectively.

 

25.1 The Arbitral Tribunal shall have the power unless otherwise agreed by the parties in writing on the application of any party:

(a)to order any respondent party to a claimcounterclaim to provide security for allpart of the amount in dispute by way of depositbank guaranteein any other manner upon such terms as the Arbitral Tribunal considers appropriate. Such terms may include the provision by the claimingcounterclaiming party of a cross-indemnity itself secured in such manner as the Arbitral Tribunal considers appropriate for any costslosses incurred by such respondent in providing security. The amount of any costs losses payable under such cross-indemnity may be determined by the Arbitral Tribunal in onemore awards;

(b)to order the preservation storage saleother disposal of any propertything under the control of any party relating to the subject matter of the arbitration;

(c)to order on a provisional basis subject to final determination in an award any relief which the Arbitral Tribunal would have power to grant in an award including a provisional order for the payment of moneythe disposition of property as between any parties.

25.2 The Arbitral Tribunal shall have the power upon the application of a party to order any claimingcounterclaiming party to provide security for the legalother costs of any other party by way of depositbank guaranteein any other manner upon such terms as the Arbitral Tribunal considers appropriate. Such terms may include the provision by that other party of a cross-indemnity itself secured in such manner as the Arbitral Tribunal considers appropriate for any costs losses incurred by such claimantcounterclaimant in providing security. The amount of any costs losses payable under such cross-indemnity may be determined by the Arbitral Tribunal in onemore awards. In the event that a claimingcounterclaiming party does not comply with any order to provide security the Arbitral Tribunal may stay that party's claimscounterclaimsdismiss them in an award.

25.3 The power of the Arbitral Tribunal under Article 25.1 shall not prejudice howsoever any party's right to apply to any state courtother judicial authority for interimconservatory measures before the formation of the Arbitral Tribunal in exceptional cases thereafter. Any application any order for such measures after the formation of the Arbitral Tribunal shall be promptly communicated by the applicant to the Arbitral Tribunal all other parties. However by agreeing to arbitration under these Rules the parties shall be taken to have agreed not to apply to any state courtother judicial authority for any order for security for its legalother costs available the Arbitral Tribunal under Article 25.2.

 

26.1 The Arbitral Tribunal shall make its award in writing unless all parties agree in writing otherwise shall state the reasons upon which its award is based. The award shall also state the date when the award is made the seat of the arbitration; it shall be signed by the Arbitral Tribunalthose of its members assenting to it.

26.2 If any arbitrator fails to comply with the matory provisions of any applicable law relating to the making of the award having been given a reasonable opportunity to do so the remaining arbitrators may proceed in his absence state in their award the circumstances of the other arbitrator's failure to participate in the making of the award.

26.3 Where there are three arbitrators the Arbitral Tribunal fails to agree on any issue the arbitrators shall decide that issue by a majority. Failing a majority decision on any issue the chairman of the Arbitral Tribunal shall decide that issue.

26.4 If any arbitrator refusesfails to sign the award the signatures of the majority(failing a majority) of the chairman shall be sufficient provided that the reason for the omitted signature is stated in the award by the majoritychairman.

26.5 The sole arbitratorchairman shall be responsible for delivering the award to the LCIA Court which shall transmit certified copies to the parties provided that the costs of arbitration have been paid to the LCIA in accordance with Article 28.

26.6 An award may be expressed in any currency. The Arbitral Tribunal may order that simplecompound interest shall be paid by any party on any sum awarded at such rates as the Arbitral Tribunal determines to be appropriate without being bound by legal rates of interest imposed by any state court in respect of any period which the Arbitral Tribunal determines to be appropriate ending not later than the date upon which the award is complied with.

26.7 The Arbitral Tribunal may make separate awards on different issues at different times. Such awards shall have the same status effect as any other award made by the Arbitral Tribunal.

26.8 In the event of a settlement of the parties' dispute the Arbitral Tribunal may render an award recording the settlement if the parties so request in writing (a "Consent Award") provided always that such award contains an express statement that it is an award made by the parties' consent. A Consent Award need not contain reasons. If the parties do not require a consent award then on written confirmation by the parties to the LCIA Court that a settlement has been reached the Arbitral Tribunal shall be discharged the arbitration proceedings concluded subject to payment by the parties of any outsting costs of the arbitration under Article 28.

 26.9 All awards shall be final binding on the parties. By agreeing to arbitration under these Rules the parties undertake to carry out any award immediately without any delay (subject only to Article 27); the parties also waive irrevocably their right to any form of appeal reviewrecourse to any state courtother judicial authority insofar as such waiver may be validly made.

 

27.1 Within 30 days of receipt of any awardsuch lesser period as may be agreed in writing by the parties a party may by written notice to the Registrar (copied to all other parties) request the Arbitral Tribunal to correct in the award any errors in computation clericaltypographical errorsany errors of a similar nature. If the Arbitral Tribunal considers the request to be justified it shall make the corrections within 30 days of receipt of the request. Any correction shall take the form of separate memorum dated signed by the Arbitral Tribunal(if three arbitrators) those of its members assenting to it; such memorum shall become part of the award for all purposes.

27.2 The Arbitral Tribunal may likewise correct any error of the nature described in Article 27.1 on its own initiative within 30 days of the date of the award to the same effect.

27.3 Within 30 days of receipt of the final award a party may by written notice to the Registrar (copied to all other parties) request the Arbitral Tribunal to make an additional award as to claimscounterclaims presented in the arbitration but not determined in any award. If the Arbitral Tribunal considers the request to be justified it shall make the additional award within 60 days of receipt of the request. The provisions of Article 26 shall apply to any additional award.

 

 28.1 The costs of the arbitration (other than the legalother costs incurred by the parties themselves) shall be determined by the LCIA Court in accordance with the Schedule of Costs. The parties shall be jointly severally liable to the Arbitral Tribunal the LCIA for such arbitration costs.

28.2 The Arbitral Tribunal shall specify in the award the total amount of the costs of the arbitration as determined by the LCIA Court. Unless the parties agree otherwise in writing the Arbitral Tribunal shall determine the proportions in which the parties shall bear allpart of such arbitration costs. If the Arbitral Tribunal has determined that allany part of the arbitration costs shall be borne by a party other than a party which has already paid them to the LCIA the latter party shall have the right to recover the appropriate amount the former party.

28.3 The Arbitral Tribunal shall also have the power to order in its award that allpart of the legalother costs incurred by a party be paid by another party unless the parties agree otherwise in writing. The Arbitral Tribunal shall determine fix the amount of each item comprising such costs on such reasonable basis as it thinks fit.

28.4 Unless the parties otherwise agree in writing the Arbitral Tribunal shall make its orders on both arbitration legal costs on the general principle that costs should reflect the parties' relative success failure in the awardarbitration except it appears to the Arbitral Tribunal that in the particular circumstances this general approach is inappropriate. Any order for costs shall be made with reasons in the award containing such order.

28.5 If the arbitration is aboned suspendedconcluded by agreementotherwise before the final award is made the parties shall remain jointly severally liable to pay to the LCIA the Arbitral Tribunal the costs of the arbitration as determined by the LCIA Court in accordance with the Schedule of Costs. In the event that such arbitration costs are less than the deposits made by the parties there shall be a refund by the LCIA in such proportion as the parties may agree in writingfailing such agreement in the same proportions as the deposits were made by the parties to the LCIA.

 

29.1 The decisions of the LCIA Court with respect to all matters relating to the arbitration shall be conclusive binding upon the parties the Arbitral Tribunal. Such decisions are to be treated as administrative in nature the LCIA Court shall not be required to give any reasons.

29.2 To the extent permitted by the law of the seat of the arbitration the parties shall be taken to have waived any right of appealreview in respect of any such decisions of the LCIA Court to any state courtother judicial authority. If such appealsreview remain possible due to matory provisions of any applicable law the LCIA Court shall subject to the provisions of that applicable law decide whether the arbitral proceedings are to continue notwithsting an appealreview.

 

30.1 Unless the parties expressly agree in writing to the contrary the parties undertake as a general principle to keep confidential all awards in their arbitration together with all materials in the proceedings created for the purpose of the arbitration all other documents produced by another party in the proceedings not otherwise in the public domain - save to the extent that disclosure may be required of a party by legal duty to protectpursue a legal rightto enforcechallenge an award in bona fide legal proceedings before a state courtother judicial authority.

30.2 The deliberations of the Arbitral Tribunal are likewise confidential to its members save to the extent that disclosure of an arbitrator's refusal to participate in the arbitration is required of the other members of the Arbitral Tribunal under Articles 10 12 26.

30.3 The LCIA Court does not publish any awardany part of an award without the prior written consent of all parties the Arbitral Tribunal.

31.1 None of the LCIA the LCIA Court (including its President Vice-Presidents individual members) the Registrar any deputy Registrar any arbitrator any expert to the Arbitral Tribunal shall be liable to any party howsoever for any actomission in connection with any arbitration conducted by reference to these Rules save the actomission is shown by that party to constitute conscious deliberate wrongdoing committed by the bodyperson alleged to be liable to that party.

31.2 After the award has been made the possibilities of correction additional awards referred to in Article 27 have lapsedbeen exhausted neither the LCIA the LCIA Court (including its President Vice-Presidents individual members) the Registrar any deputy Registrar any arbitratorexpert to the Arbitral Tribunal shall be under any legal obligation to make any statement to any person about any matter concerning the arbitration nor shall any party seek to make any of these persons a witness in any legalother proceedings arising out of the arbitration.

 

32.1 A party who knows that any provision of the Arbitration Agreement (including these Rules) has not been complied with yet proceeds with the arbitration without promptly stating its objection to such non-compliance shall be treated as having irrevocably waived its right to object.

32.2 In all matters not expressly provided for in these Rules the LCIA Court the Arbitral Tribunal the parties shall act in the spirit of these Rules shall make every reasonable effort to ensure that an award is legally enforceable.