The LCIA is pleased to release an update to the LCIA Arbitration Rules and LCIA Mediation Rules to take effect on 1 October 2020. This update was initiated by immediate past President Judith Gill QC, and finalised by President Paula Hodges QC, supported by input from a large number of users, and with the invaluable support of a working group including both LCIA staff and external users.
The updates adopted by the LCIA Court and the LCIA Board of Directors aim to make the arbitral and mediation processes even more streamlined and clear for arbitrators, mediators and parties alike.
The Rules updates were being finalised as the Covid-19 pandemic took hold. While the pandemic did not necessitate any change of direction or focus, it allowed the LCIA to address explicitly some changes in recent good practice, notably the increased use of virtual hearings and the primacy of electronic communication across the board. Similarly, although the Mediation Rules were going to be updated imminently, the timing of the update caters to the increased interest of users in mediation in the present environment.
Notable amendments in the Rules include:
- Additional tools allowing arbitrators to expedite proceedings, including by introducing an explicit reference to the possibility of early dismissal determination;
- refinement and expansion of the provisions accommodating the use of virtual hearings, also supporting arbitrations taking place in the new normal;
- confirming the primacy of electronic communication with the LCIA and in the arbitration, as well as confirming the facilitation of electronically signed awards;
- inclusion of explicit provisions addressing the role of tribunal secretaries;
- broadening of LCIA Court and Tribunal power to order consolidation and concurrent conduct of arbitrations;
- explicit consideration of data protection and regulatory issues.
In addition, this Rules update provides an opportunity for re-evaluating the maximum hourly rate for arbitrators and mediators as well as the hourly rates for the LCIA Secretariat. The £450 maximum hourly rate will be increased to £500, better to reflect the demands of users in certain cases involving complex and significant disputes.
A series of events will be organised to launch the LCIA Arbitration Rules Update (2020) to the international legal community, which will be announced on the LCIA website, as well as via LinkedIn and Twitter.
Updates to the guidance notes, translations of the Rules, and other related resources will be available from the LCIA website in due course.
The updated Rules and Schedules are available to view via the following links: