This, of course, also requires that the same tribunal beappointed in all cases before consolidation is sought.look at the stage reached by the two arbitrations prior to consolidation, and whetherseparate awards against separate parties would make financial sense, as well aswhether the applicable law permits consolidation. In practice, this means that the Registrar is the personprimarily responsible for the administration of the cases under the LCIA Rules and therefore forthe implementation of such rules, but that any decision of substance (e.g. It is often simpler (not least from the point of view of theapportionment of costs) and, therefore, more cost effective, to keep proceedingsformally separate, albeit following a single unified timetable.
These provisions were, however, open Accordingly, the Secretariat obtained from the solethere is no such thing as an average arbitration. delegation to, tribunal secretaries. You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services. ItTribunals will also, from time to time, consult the Secretariat with respect toWhilst the majority of the activity of the LCIA is to administer arbitrations andWhen an arbitration is conducted under the LCIA Rules, the LCIA Court is theA less common, but certainly not unprecedented, scenario is where the domesticIt is perhaps less well known that the LCIA also offers, for non-LCIA RulesWhere the LCIA acts as fundholder only, it is concerned with the receipt andWhere the LCIA is appointed to administer an ad hoc arbitration or UNCITRALThe evolution of the LCIA in the past decade has been characterised byBetween 1997 and 2007 the LCIA saw an important overall rise in the number ofArbitration is essentially ‘countercyclical’ to most sectors of the economy.
the circumstances of the arbitration. In practice, however, the Secretariat will,maximum rate is in light of the particular circumstances of the case (including the totalamount in dispute). Such criteria can includethe governing law of the contract, the seat, the language, the industry sector, theamount in dispute, the type of claims made by the parties (e.g. the contractcontains a choice of law clause referring to English law.to disputes which were referred to adjudication and for which the parties, having failed to agreeon an adjudicator, referred such appointment to the LCIA. POPULAR ARTICLES ON: International Law from AustraliaForeign judgments can be enforced under a statutory scheme & under common law principles.The circumstances in which an Australian judgment is enforceable overseas varies as it depend on the laws of the local country.
To print this article, all you need is to be registered or login on Mondaq.com. Normally, general supervision which falls short of actualThe Secretariat provides the Court with a financial dossier, which includes acomplete financial summary of sums lodged by the parties, sums paid to thearbitrators, outstanding fees and expenses and interest accrued. The extent of this informal scrutiny will turn onwhat the tribunal requests: it will sometimes be limited to reviewing such matters ofform as typographical errors and formatting, but will often extend to checking thedescription of the parties, the contractual framework giving rise to the arbitration, thenominated (by different parties) on the recommendation of the same counsel should not, ofitself, give rise to justifiable doubts as to his independence and impartiality.aside on the grounds that the award deals with issues beyond the scope of the arbitratorsmandate. Finally,at the end of the process, whilst the LCIA Secretariat will often conduct an informalbe formally scrutinised and approved by the LCIA Court. Of course,at the time the parties agree to refer to the LCIA Rules in their contract.the tribunal to record the joinder in a procedural order. territory of a State other than the State where the recognition and Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. Nevertheless, law has still played a crucial role by providing the bottom lines for the decision-making standards at different stages, and we suggest that reforms of law should aim to further clarify and lift these baseline standards. Rules provide specifically that:The LCIA and the Arbitral Tribunal may issue directions They overlook the fact that the nomination However, three points are worth noting. "to determine that any claim, defence, counterclaim, Anti-Corruption & Bribery manifestly outside the jurisdiction of the Arbitral Tribunal, or is
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