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International Journal of Trend in Scientific Research and Development (IJTSRD) @ www.ijtsrd.com eISSN: 2456-6470
place to arbitrate (whereas Paris - 53% and Singapore - rules of the London International court of Arbitration
39%) [12]. It is not by chance that the English capital has entered into force on 1 October 2014 and apply to
gained this reputation, the English courts' attitude to arbitration proceedings initiated on or after that date. “These
international arbitration and the activities of the London LCIA Rules comprise this Preamble, the Articles and the
Court of International Arbitration are the most significant Index, together with the Annex to the LCIA Rules and the
factors in the choice of experts. Schedule of Costs as both from time to time may be
separately amended by the LCIA Rules” [7].
Arbitral institutions
The London International Court of Arbitration («LCIA») is These rules contain a number of new features, such as:
one of the oldest and leading institutional institutions of LCIA arbitration tribunals are explicitly empowered to
international arbitration, which administers the arbitration impose costs sanctions on parties who engage in ‘non-
efficiently and impartially, regardless of the location of the cooperation resulting in undue delay
parties and within any system of law. A.D. Kejlin pointed out Party representatives are deemed to have agreed to
that the content of the London Court of Arbitration cases abide by principles of ethical conduct set out in the
«...deal with various issues arising in trade turnover, in Annex to the 2014 LCIA Rules
particular, disputes related to concluded trade transactions, New rules were adopted for the appointment of
interpretation of their terms, execution etc.» [5, p15]. emergency arbitrators [4,p125].
Established in 1892 and serving as the leading Thus, attractiveness of the London Court of International
administrative international arbitration institution in the Arbitration for companies and entrepreneurs from different
United Kingdom, LCIA is located in London and is highly countries, including foreign investors, is largely due to:
sought after by businessmen and lawyers from many Its continuing status of the largest financial center and
countries around the world who seek to ensure that their world market
international disputes are handled independently and Its reputation as a neutral and impartial jurisdiction
competently, as well as to ensure that arbitration is Accounting for the activities of courts in enforcing
supervised by English courts known for their positive arbitration agreements and awards [2].
attitude to arbitration.
This is also evidenced by the statistics of the number of
LCIA is a non-profit organization managed by the Board and appeals to this court. According to LCIA’s 2019 Annual
the Court. The LCIA Board, “made up largely of prominent Casework Report, a record number of arbitrations were
London-based arbitration practitioners, is principally referred to the LCIA - 406 cases, of which 346 were referred
concerned with the operation and development of the LCIA's under the LCIA Rules, with non-UK parties accounting for
business and with its compliance with applicable company 81% of its users. In 20% of those cases where the claims
law”, whereas the LCIA Court includes a President, six Vice were quantified, the sum claimed was between USD5 million
Presidents and up to 35 members, of whom only six can be and USD50 million, with the sum claimed exceeding USD50
UK citizens at a time. In this way, the true international million in a further 9% of cases. Trending industries once
character of the activities of LCIA is ensured. The functions of again included banking and finance, energy and resources,
the LCIA Court are mainly “appointing tribunals, determining and transport and commodities (accounting for 32%, 22%
challenges to arbitrators, and controlling costs” [4]. and 15% of disputes respectively). Moreover, one of the
However, the full Court does not administer individual cases distinctive features of LCIA, to date, is the leadership in
– these functions are delegated in accordance with Article 3.1 gender diversity, with a further increase in the overall
of the to the President and Vice Presidents of LCIA [8]. They number of female arbitrators in LCIA arbitrations (163 out of
offer a combination of the best features of the civil and 566) – representing 29% of all arbitrator appointments,
common law systems, including in particular: compared with 23% in 2018 [10, p2].
Maximum flexibility for parties and tribunals to agree on
procedural matters In addition to the LCIA, there are a number of other
Speed and efficiency in the appointment of arbitrators, institutions that are commonly used in international
including expedited procedures arbitrations held in England and Wales: International
Means of reducing delays and counteracting delaying Chamber of Commerce (ICC), London Maritime Arbitrators
tactics Association, Chartered Institute of Arbitrators (CIArb), etc.
Emergency arbitrator provisions
Tribunals' power to decide on their own jurisdiction Arbitration Law
A range of interim and conservatory measures In the history of arbitration law in England, many arbitration
Tribunals' power to order security for claims and for laws were adopted, which laid the foundation for the
costs development of arbitration law in England. One of the last
Special powers for joinder of third parties and significant statutes is Arbitration Act 1996 of England [1] of
consolidation 17 June 1996 (entered into force on 31 January 1997), which
Waiver of right of appeal relates to arbitration in England & Wales or Northern Ireland
Costs computed without regard to the amounts in (Section 2) and is based on the freely expressed will of the
dispute parties, provides Contracting parties with a number of
Staged deposits - parties are not required to pay for the appropriate tools that provide the greatest possible certainty
whole arbitration in advance [9]. as to the interpretation and fate of their contractual relations
in the event of a trade dispute. Although the Arbitration Act
The procedure of arbitration proceedings of LCIA is of 1996 contains many of the principles enshrined in
determined by special rules issued by this court. The current UNCITRAL (UN Commission on International Trade Law),
ID: IJTSRD35809 | Special Issue on Modern Trends in Scientific Research and Development, Case of Asia Page 30