LCIA launches new Arbitration and Mediation Rules

Our specialist commercial arbitration lawyers have market-leading experience of handling multi-million pound arbitration and bringing complex claims to settlement. We understand the potential benefits of arbitration and how it can be a valuable alternative to litigation, particularly where confidentiality and privacy are of paramount concern. Our clients are confident that their case receives high-level personal care and supervision and all of our commercial arbitration cases are conducted by small, partner-led teams.

Our firm is unique in that we are based in a leading set of barristers chambers with access to top level QCs and we are based opposite the International Arbitration Centre.

How has Covid-19 impacted arbitrations?

These forward thinking rules have attempted to provide some practical solutions to the challenges now being faced by parties, arbitrators and counsel. The London Court of International Arbitration have updated their guidance for Arbiters to account for remote Arbitrations.

The previous rules and practice did give prominence to electronic communications with the LCIA and the tribunal, but the updates to the rules have introduced even more clarity on the use of electronic communications as a valid method (especially when it comes to applying for expedition of proceedings).

“The update to the LCIA Rules has enabled us to clarify a number of procedural issues, to emphasise the broad discretion for Tribunals to conduct arbitrations expeditiously and to reflect the ever evolving nature of arbitration including the use of electronic means of communication and virtual hearings. We have endeavoured to do this with a light touch and hope that parties will view the updated rules as a modern, user-friendly means to resolve their international disputes.”

Paula Hodges QC, President of the LCIA

What is arbitration?

Arbitration is a form of alternative dispute resolution where an impartial arbitrator makes a final and binding decision to settle a dispute between the parties. Arbitration is utilised as an alternative to litigation as means of resolving disputes without involving the courts.

Arbitration is fundamentally based on all parties agreeing to submit the dispute in question to arbitration, for example, by way of an arbitration agreement or a clause in a contract relating to the resolution of disputes.

Advantages of arbitration

• In disputes where the subject matter is highly technical, arbitrators with an appropriate degree of expertise can be appointed (as opposed to litigation).
• The arbitration process on the whole is faster than court proceedings.
• Arbitration may be cheaper and offer more flexible for companies.
• Arbitral awards are generally non-public and can be made confidential.
• Arbitration awards are generally easier to enforce in other nations than court judgments.
• If you are successful in arbitration, there are limited avenues for the other party to appeal an arbitral award.

How does arbitration differ from litigation?

• Contractual foundation: arbitration is based on contract with the rights and duties of the parties to arbitrate arise from the contract itself.
• Location: the parties can choose the location of arbitration proceedings.
• Appointment of the arbitrator/panel: the parties are able to choose the arbitral tribunal.
• Primacy of confidentiality: arbitration is ordinarily confidental
• Finality of the decision: a decision by an arbitral tribunal is usually final and cannot be appealed (however a court may set aside an award in exceptional circumstances)
• Enforceability: tribunal decisions are widely enforceable given the primacy of a number of conventions such as the New York Convention

Download the updated LCIA Arbitration Rules

Our Alternative Dispute Resolution Service

We do things differently to other law firms in England & Wales. We will consider your case with you (no matter at what stage your case is at i.e. the pre-action stage, once a claim is issued, when pleadings are submitted, before a Costs & Case Management Conference, before a contemplated mediation). At any stage, if you are unhappy with the way your case is progressing, we provide an alternative dispute resolution service to consider the merits of your case, and if ADR is appropriate, we will transfer the handling of your case to us.

Book an Initial Consultation with Our Expert Alternative Dispute Resolution Lawyers

Our London Alternative Dispute Resolution (ADR) Solicitors and Barristers provide bespoke ADR and litigation advice. We invite you to contact us so one of our legal team can assess your dispute.

Our multi-disciplinary practice consists of dispute resolution specialist solicitors and barristers who have market-leading experience in handling multi-million pound litigation cases and have a proven track record of bringing complex claims to settlement though alternative forms of dispute resolution (“ADR”), when necessary.

We can subsequently provide urgent help, advice or representation from our expert team of leading ADR lawyers. Call or email us to start the process of instructing us; our ADR team are waiting to help.