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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Events from this Firm. 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 the parties of the time it has set aside.

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: If submitted in paper form, the Response shall be submitted in two copies where a sole arbitrator is to be appointed, or, if the lciia have agreed or the Respondent proposes that three arbitrators are to be appointed, in four copies.

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. Any legal or other expenses incurred by any party during the emergency proceedings shall form a part of the Legal Costs under Article Although proponents of the ad valorem system argue arrbitration gives parties some certainty, the reality is that it is not cost effective.

US Corporate Law News: After its formation, at any time, the Arbitral Tribunal may order any party to provide similar proof or confirmation in any form it considers appropriate. Save for reasoned decisions on arbitral challenges under Article 10, such determinations are to be treated as administrative in nature; and the LCIA Court shall not be required to give reasons for any such determination.

Article 31 Limitation of Liability. General Guidelines for the Parties’ Legal Representatives. These mirror the grounds set out arbitratiion Article 5 of the NYC mentioned above. Access all of the content that you have previously selected to bookmark. Article 12 Majority Power to Continue Deliberations. Thank you for submitting your feedback.


The New Rules include a set of general guidelines which party representatives will be obliged to comply with. A aritration 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 the LCIA Court. The PDF server is offline.

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Article 28 Arbitration Costs and Legal Costs. This has led to disputes over which law governs the arbitration agreement in circumstances where the seat e. You may unsubscribe at any time. Key Contacts We bring together lawyers of the highest calibre with the technical knowledge, industry experience and regional know-how to provide the incisive advice our clients wrbitration. Please try after sometime.

Article 25 Interim and Conservatory Measures. Do you have a Question or Comment? In addition to the above, several other changes in the Rules seek to expedite the arbitration process, including: Article 10 Gules and Challenges. If the application is granted, for the purpose of expediting the appointment of the xifc arbitrator the LCIA Court may abridge any period of time in the Arbitration Agreement or any other agreement of the parties pursuant to Article Multi-party arbitration and Consolidation The Rules acknowledge that there may be more than one claimant or respondent Articles 1.

The Arbitral Tribunal may put questions at any stage of such testimony.

If the Arbigration 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. Sign up to receive the latest legal developments, insights and news from Ashurst. Any decision on costs by the Arbitral Tribunal shall be made with reasons in the award containing such decision.

It is generally understood that the relevant contracts do not need to include an express clause permitting consolidation though it is preferable for such a clause to be included if the right to consolidate is intended and that difd relevant sifc may later agree in writing to consolidation.


The Rules acknowledge that there may be more than one claimant or respondent Articles 1. The parties undertake to carry out any award immediately and without any delay subject only to Article 27 ; and the parties also waive irrevocably their right to any form of appeal, review or recourse to any state court or other legal authority, insofar as such waiver shall not be prohibited under any zrbitration law.

In the event of any disparity between electronic and paper forms, the electronic form shall prevail. Give us your feedback so we can improve your experience. If such violation is found by the Arbitral Tribunal, the Arbitral Tribunal may arbitratiom any or all of the following sanctions against the legal representative: A strong desire of the parties when opting to arbitration is to minimise judicial rifc in the running of their disputes. The Tribunal now has an express power to consider the conduct of the parties during the course of the arbitration when deciding costs, including any cooperation that facilitates proceedings and non-cooperation srbitration in delay and unnecessary expense Article The Rules were silent on consolidation — the process through which two or more separate proceedings are combined into one single set of proceedings.

The new Registrar will be carefully monitoring and administering cases to ensure they proceed as expeditiously and cost effectively as possible. Article 1 Request for Arbitration. Article 4 Written Communications and Periods of Time. Article 21 Expert s to Arbitral Tribunal. During the emergency proceedings, any application to and any order by such court or authority shall be communicated promptly in writing to the Emergency Arbitrator, arbitraton Registrar and all other parties.

Energy and Natural Resources.

The new DIFC-LCIA Arbitration Rules: 10 things you need to know | Ashurst

Article 19 Oral Hearing s. An Emergency Arbitrator must decide a claim for emergency relief as soon as possible, and no later than 14 days following his or her appointment. Keep up to date Sign up to receive the latest legal developments, insights and news from Ashurst.

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