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A Commentary on the LCIA Arbitration Rules 2014

A Commentary on the LCIA Arbitration Rules 2014

  • 作者:
  • 出版商: Sweet & Maxwell U.K.
  • ISBN: 9781847035608
  • 出版时间 January 2015
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
New Edition is available now !
  • 描述 
  • 大纲 
  • 详细

    A Commentary on the LCIA Arbitration Rules 2014 is the first full length book on the new LCIA Rules. It provides a thorough assessment of the Rules and their legal and historical context, as well as advice on areas for consideration when choosing the LCIA Rules or conducting an arbitration under them.

    It highlights the differences and innovations in the new Rules and discusses their implications. The commentary extends to the new Annex, containing Guidelines for legal representatives, and to the Schedule of Costs. The book also provides practitioners with a substantial set of invaluable reference materials for use in conjunction with the Rules.

    From the first considerations for drafting an arbitration agreement to the conduct of the proceedings themselves, A Commentary on the LCIA Arbitration Rules 2014 is the text to have at your side.

    • Gives both English and international practitioners, whether specialists in arbitration or not, practical background information when choosing or dealing with the LCIA Rules for an arbitration
    • Explains features of administered arbitration under the LCIA Rules and draws comparisons with ad hoc, trade association and other institutional arbitration proceedings
    • Goes through every aspect of the proceedings so you have expert guidance throughout
    • Explains the LCIA's procedures for the selection and appointment of Arbitral Tribunals and Emergency Arbitrators
    • Covers issues that need to be considered when nominating candidates for an Arbitral Tribunal
    • Discusses the challenge, removal or replacement of arbitrators
    • Summarises and discusses published challenge decisions of the LCIA Court
    • Discusses the changes to the LCIA Rules introduced in 2014, including the Guidelines for legal representatives and the Emergency Arbitrator procedure
    • Includes chapters on LCIA India, DIFC-LCIA in Dubai and MIAC-LCIA in Mauritius
    • Includes a substantial and invaluable set of reference materials for use with the Rules

  • Foreword by V.V Veeder QC

    PART I—INTRODUCTION

    Introduction
    The LCIA’s Growth and its Users;
    The Modern LCIA, its Aims and Organisation
    Overview of the LCIA Rules
    Underlying Theories
    Other Characteristics of the LCIA Rules

    PART II—COMMENTARY ON THE LCIA RULES

    Article 1 – Request for Arbitration;
    Article 2 – Response
    Article 3 – LCIA Court and Registrar
    Article 4 – Written Communications and Periods of Time
    Article 5 – Formation of Arbitral Tribunal
    Article 6 – Nationality of Arbitrators
    Article 7 –
    Party and Other Nominations
    Article 8 – Three or More Parties
    Articles 9A, 9B and 9C
    Article 9A - Expedited Formation of Arbitral Tribunal
    Article 9B - Emergency Arbitrator
    Article 9C - Expedited Appointment of Replacement Arbitrator;
    Article 10 – Revocation and Challenges
    Article 11 – Nomination and Replacement;
    Article 12 – Majority Power to Continue Deliberations
    Article 13 – Communications Between Parties and Arbitral Tribunal
    Article 14 – Conduct of Proceedings
    Article 15 – Written Statements;
    Article 16 – Seat(s) of Arbitration and Place(s) of Hearing
    Article 17 – Language(s) of Arbitration
    Article 18 – Legal Representatives;
    Article 19 – Oral Hearings;
    Article 20 – Witness(es);
    Article 21 – Expert(s) to Arbitral Tribunal
    Article 22 – Additional Powers
    Article 23 – Jurisdiction and Authority;
    Article 24 – Deposits
    Article 25 – Interim and Conservatory Measures
    Article 26 – Award(s)
    Article 27 – Correction of Award(s) and Additional Award(s)
    Article 28 – Arbitration Costs and Legal Costs
    Article 29 – Determinations and Decisions by LCIA Court
    Article 30 – Confidentiality
    Article 31 – Limitation of Liability;
    Article 32 – General Rules
    Annex to the LCIA Rules General Guidelines for the Parties’ Legal Representatives (Articles 18.5 and 18.6 of the LCIA Rules);
    Schedule of Arbitration Costs (LCIA)

    PART III—COMMENTARY ON THE LCIA RECOMMENDED CLAUSES

    Introduction
    Future disputes
    Existing disputes

    PART IV—DIFC-LCIA ARBITRATION CENTRE by Robert Karrar-Lewsley

    Introduction
    Background;
    The DIFC-LCIA and its Rules;
    Conclusion

    PART V—LCIA INDIA by Ciccu Mukhopadhaya, SC

    Introduction
    Background – The Indian arbitration market
    Legal framework for arbitration in India: the (Indian) 1996 Act;
    LCIA India;
    LCIA India Rules;
    Notes for Arbitrators;

    PART VI—LCIA-MIAC ARBITRATION CENTRE by Duncan Bagshaw

    Mauritius
    The arbitration environment in Africa
    The development of the Mauritius infrastructure
    The LCIA-MIAC Arbitration Centre and the LCIA-MIAC Arbitration Rules
    The future

    PART VII—APPENDICES
    Appendix 1 – LCIA Arbitration Rules 2014
    Appendix 2 – Schedule of Arbitration Costs (LCIA)
    Appendix 3 – Constitution of the LCIA Arbitration Court
    Appendix 4 – LCIA Arbitration Rules 1998
    Appendix 5 – LCIA Mediation Rules
    Appendix 6 – Recommended Clauses;
    Appendix 7 – Arbitration Act 1996 (1996 Chapter 23)
    Appendix 8 – The DAC Reports on the Arbitration Bill 1996
    Appendix 9 – New York Convention 1958
    Appendix 10 – UNCITRAL Model Law on International Commercial
    Arbitration 1985 (with amendments as adopted in 2006)
    Appendix 11 – UNCITRAL Arbitration Rules (as revised in 2010);
    Appendix 12 – IBA Rules on the Taking of Evidence in International Arbitration;
    Appendix 13 – 2014 IBA Guidelines on Conflicts of Interest in International Arbitration;
    Appendix 14 – IBA Guidelines on Party Representation in International
    Arbitration

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