lcia rules article 6
If the Respondent fails to submit a Statement of Defence, or if at any point any party fails to avail itself of the opportunity to present its case in the manner directed by the Tribunal, the Tribunal may nevertheless proceed with the arbitration and make the award.
The following provisions may be suitable. Membership of these Councils - corporate lawyers and others from international and multinational industrial, commercial and trading organisations; international lawyers and firms of lawyers; and practicing international arbitrators - is drawn from more than 40 countries. (c) comment in response to any statements contained in the Request as called for under Article l(d), on matters relating to the conduct of the arbitration; The award shall state its date and shall be signed by the arbitrator or arbitrators. If the parties have agreed that they are to nominate arbitrators themselves, or to allow two arbitrators, or a third party, to nominate an arbitrator, the Court may refuse to appoint such nominees if it determines that they arc not suitable or independent or impartial. Such decisions are deemed to be administrative in nature, and the Court shall not be required to give reasons for them. If and when the Court directs that communication shall take place directly between the Tribunal and the parties (with simultaneous copies to the Registrar) all further reference in these Rules to the Registrar shall thereafter be read as references to the Tribunal. Where the parties are of different nationalities, then unless they have agreed otherwise, sole arbitrators or chairmen are not to be appointed if they have the same nationality as any party (the nationality of parties being understood to include that of controlling shareholders or interests). LCIA Arbitration Rules (adopted to take effect from 1 January 1998, that is, for arbitrations commencing on or after 1 January 1998) [Preamble] Article 1 - The Request for Arbitration Article 2 - The Response Article 3 - The LCIA Court and Registrar Article 4 - Notices and Periods of Time Article 5 - Formation of the Arbitral Tribunal Fee tariffs are available in the Appendix III of the Rules. 16.3 Where there is more than one arbitrator and they fail to agree on any issue, they shall decide by a majority. "The language of the arbitration shall be ..." 4.4 The addresses of the parties for the purpose of all communications during the proceedings shall be those set out in the Request, or as any party may at any time notify to the Registrar and to the other parties. "... two of them shall be nominated by the respective parties" unless the parties have agreed otherwise. 10.4 All meetings and hearings shall be in private unless the parties agree otherwise.
11.3 Any witness who gives oral evidence may be questioned by each of the parties or their legal practitioners, under the control of the Tribunal. The LCIA Court is empowered to remove arbitrators for the additional reason that he "does not possess the qualifications agreed by the parties". 2.2. 10.1 Any party has the right to be heard before the Tribunal, unless the parties have agreed on documents-only arbitration. 3.8 A party who intends to challenge an arbitrator shall, within fifteen days of the constitution of the Tribunal or after becoming aware of any circumstances referred to in Article 3.6 or 3.7, whichever is the later, send a written statement of the reasons for the challenge to the Court. A party may challenge an arbitrator it has nominated. If the tribunal considers the request to be justified, it shall make the corrections within thirty days of receipt of the request. It was inaugurated in 1892 as "The London Chamber of Arbitration" on the initiative of the Corporation of the City of London. 4.1 Until the Tribunal is finally constituted and the Court determines that it would be appropriate for the parties and the Tribunal to communicate directly. (f) the fee prescribed in the Schedule of Costs; 17.1 Within thirty days of receipt of the award, unless another period of time has been agreed upon by the parties, a party may by notice to the Registrar request the Tribunal to correct in the award any errors in computation, any clerical or typographical errors or any errors of a similar nature. and are encouraged to do so. If the Arbitral Tribunal considers the request to be justified, it shall make the corrections within 30 days of receipt of the request. If the Tribunal has determined that all or any part of the costs of the arbitration shall be paid by any party other than a party which has already paid them to the Court, the latter shall have the right to recover the appropriate amount from the former. In selecting arbitrators consideration will be given, so far as possible, to the nature of the contract, the nature and circumstances of the dispute, and the nationality, location and languages of the parties. In 1986 the LCIA was incorporated as a company limited by guarantee under the control of a Board of Directors. the Tribunal may render an award recording the settlement if any party so requests.
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