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A Commentary on the LCIA Arbitration Rules, 2nd Edition

A Commentary on the LCIA Arbitration Rules, 2nd Edition

  • 作者:
  • 出版商: Sweet & Maxwell U.K.
  • ISBN: 9780414069350
  • 出版时间 December 2022
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥2,477.52

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  • 描述 
  • 大纲 
  • 作者 
  • 详细

    A Commentary on the LCIA Arbitration Rules, 2nd edition expands on the First Edition which was the first full length book on the LCIA Rules. The second edition 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 – new reference materials to this edition including the LCIA Guidance Notes and the DIFC-LCIA Rules 2016.

    Key features:

    • Provides expert analysis and practical advice to those considering or engaged in arbitration under the LCIA Rules, making it a valuable reference both for specialists and those new to arbitration.
    • Explains features of administered arbitration under the LCIA Rules and draws comparisons with ad hoc, trade association and other institutional arbitration proceedings, such as those under the ICC and SIAC Arbitration Rules
    • 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 and 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 a substantial and invaluable set of reference materials for use with the Rules – new to this edition being the LCIA Guidance Notes and the DIFC-LCIA Rules 2016
  • 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

  • Shai Wade LLM (Cantab), LLB (SOAS).

    • Shai Wade is a partner in the International Arbitration Group of Stephenson Harwood, specialising in large scale complex disputes, investment arbitration and international law. Former co-chair of YIAG (the LCIA's Young International Arbitration Group), Shai has served as counsel and arbitrator in numerous arbitrations under the LCIA and other institutional rules and drafted the arbitral rules for the appeals process of the International Commission on Holocaust Era Insurance Claims (ICHEIC).


    Philip Clifford MA (Oxon, Scholar), MSc (KC), FCIArb, Solicitor-Advocate.

    • Philip Clifford is a partner at Latham & Watkins, based in London. He has served as a Global Co-Chair of Latham's International Arbitration Practice and as Chair of its London Litigation Department. He is a Fellow of the Chartered Institute of Arbitrators, a member of the ICC Commission on Arbitration, a Consulting Editor on Arbitration for LexisNexis and a Solicitor Advocate. He has over 22 years' experience of conducting LCIA and other arbitrations as counsel and arbitrator, allowing him to consider the new Rules from those different perspectives.

    James Clanchy MA (Oxon).

    • James Clanchy was Registrar and Deputy Director General of the LCIA for four years between 2008 and 2012. He qualified as a solicitor in 1990 and as an avocat at the Paris Bar in 1994. As a dispute resolution lawyer for many years in Holman Fenwick Willan's Trade and Energy group, based in London, he gained experience of a wide range of arbitrations, including ad hoc and trade association procedures. Between 2012 and 2014 he was Senior Legal Advisor at Thomas Miller Legal where he assessed international commercial and investment arbitrations for legal costs insurance and funding.

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