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LCAM—conduct of an LCAM arbitration

LCAM—conduct of an LCAM arbitration Procedural directions and timetable The LCAM Secretariat refers a case to the Arbitration Tribunal, once the LCAM Board has confirmed the appointment (see Article 18.1). The LCAM Rules accord the Arbitral Tribunal a wide discretion as to how it may conduct the procedure of the arbitration. Articles 19.1 and 19.2 state that, subject to the LCAM Rules and any agreement between the parties, the Arbitral Tribunal may conduct the arbitration in such manner as it considers appropriate provided that the Arbitral Tribunal acts impartially, practically and expeditiously, while giving each party an equal and reasonable opportunity to present its case. However, there are a few salient aspects of the LCAM Rules, which an Arbitral Tribunal and the parties ought to consider. Timeframes Article 24 states that, after the referral of the case to the Arbitral Tribunal, the Arbitral Tribunal shall promptly consult with parties with a view to establishing a ‘provisional’ timetable for the conduct of the arbitration and thereafter send a copy of the...

Construction Glossary—R

Construction Glossary—R A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Referral Notice Once a Notice of Adjudication has been given, and a person has been appointed to act as an adjudicator, the dispute must be formally referred to the adjudicator. The 'Referral Notice' is the referral of the dispute in writing to the adjudicator. See Practice Note: Adjudication—the Referral Notice and Precedent: Referral Notice for an adjudication. Referring party The party referring the dispute to adjudication, ie the claimant. Rejoinder The second reply by a responding party in an adjudication, ie in response to the Reply by the referring party. Relevant Event In the JCT form of contract, an event which entitles the contractor to an extension of time in which to complete the works. See Practice Notes: JCT contracts—time andJCT—interpreting the lists of Relevant Events and Relevant Matters. Relevant Matter In the JCT form of contract, an event which entitles the contractor to...

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Procedural Order for directions following preliminary meeting in arbitration

Procedural Order for directions following preliminary meeting in arbitration PROCEDURAL ORDER NO. [1] Having heard representatives for both the [ Claimant OR Claimants] and the [ Respondent OR Respondents] (the Parties) at the preliminary meeting held on [date], the Tribunal hereby orders that: 1 Applicable arbitration rules 1.1 This arbitration shall be governed by [insert applicable arbitration rules] in force as of [insert date]. 1.2 The Parties and Tribunal shall seek guidance from, but shall not be bound by, the IBA Rules on the Taking of Evidence in International Arbitration (the IBA Rules), subject to the Tribunal’s discretion to control the procedural conduct of the arbitration. 1.3 [[If appropriate, include a statement on the applicable law of the substantive dispute and/or the arbitration].] 2 Seat and language of the arbitration 2.1 The seat of arbitration is [insert place]. Meetings and hearings may take place at other locations if so decided by the Tribunal after consultation with the Parties. 2.2 The language of the arbitration is [insert...