Author
Nick Storrs

Nick Storrs

Partner

Read More
Author
Nick Storrs

Nick Storrs

Partner

Read More

7 October 2020

Disputes Quick Read – 35 of 63 Insights

Disputes Quick Read: Why the modernised LCIA rules are a welcome update

  • Quick read

On 1 October 2020, the London Court of Arbitrations brought in updated rules that modernise the way LCIA arbitrations are conducted and bring the rules into line with current trends. 

Overall, we think these are positive changes that will help support the efficient determination of disputes, for the reasons outlined below.

Making multi-contract disputes more efficient

The first notable improvement in the LCIA's rules relates to multi-contract disputes. Following the decision of A v B [2017] EWHC 3417 (Comm), multi-contract disputes couldn't be started in a single process. This was problematic, as disputes between the same parties can often concern multiple independent contracts. Fortunately, the rules now invite parties to address all issues in a single reference, driving efficiency and cost saving.

Speeding up the early determination process

The rules around the early determination process have also been updated for the better. Tribunals now have the power to expedite proceedings by limiting written statements and witness evidence, and by making early determinations in scenarios where cases are advanced which are "manifestly without merit" or outside the arbitral jurisdiction. Although it's yet to be seen how often these powers will be used, we believe that Tribunals being empowered to dispose of claims quickly in appropriate circumstances is undoubtedly the right call. 

Embracing virtual hearings

Finally, the updated rules acknowledge the use of virtual hearings and electronic communications, both of which have proven vital during the COVID-19 pandemic. While the LCIA has said that the pandemic hasn't instituted a change of focus, it has "allowed the LCIA to address explicitly some changes in good practice". Either way, clearer rules over electronic filings and communication (Article 4), and the express provision for the Tribunal to order a virtual hearing (Article 19), are welcome additions to the framework, in our view. 

Find out more

A more in-depth analysis of the LCIA's updated rules is available here. If you'd like to discuss any of the issues raised in this article in greater detail, please contact a member of our Disputes and Investigations team.

In this series

Cryptoassets, blockchain and distributed ledger technology

Disputes Quick Read: New obligations on cryptobusinesses to report under the UK sanctions regime

9 August 2022

by Nick Maday, Katie Fry-Paul

Disputes & investigations

Disputes Quick Read: New gateway for serving Norwich Pharmacal Orders and Bankers Trust orders out of the jurisdiction

Welcome news for those pursuing fraud claims in the English Courts

28 July 2022

by Emma Allen, Samantha Brendish

Disputes & investigations

Disputes Quick Read: UK Supreme Court rules on the territorial extent of the SFO's powers

26 February 2021

by Multiple authors

Disputes & investigations

Disputes Quick Read: Care required when drafting SPA claim notices

23 September 2020

by Multiple authors

Disputes & investigations

Disputes Quick Read: The latest on Unexplained Wealth Orders

7 May 2020

by Multiple authors

Disputes & investigations

Disputes Quick Read: Tomlin Orders – ensuring the confidentiality of settlement terms

27 April 2020

by Multiple authors

Disputes & investigations

Disputes Quick Read: Commercial Court's arbitral power shift

21 February 2020

by Andrew Howell

Disputes & investigations

Disputes quick read: pilot error?

13 February 2020

by Andrew Howell

Disputes & investigations

Disputes Quick Read: Privilege waiver warning

2 July 2020

by Tim Strong, Georgina Jones

Disputes & investigations

Disputes Quick Read: Dealing in crypto? Be careful what you call it

7 April 2022

by Multiple authors

Call To Action Arrow Image

Latest insights in your inbox

Subscribe to newsletters on topics relevant to you.

Subscribe
Subscribe

Related Insights

Close-Up Of Modern Office Facade
Disputes & investigations

The Law Commission's Consultation on the Arbitration Act 1996: Fine-tuning or full-on reform?

24 October 2022

by Nick Storrs and Gemma Broughall

Click here to find out more
Space law
Disputes & investigations

Space law, the next frontier for international disputes?

12 May 2022
In-depth analysis

by Nick Storrs and Nicole Ng Yuen

Click here to find out more
sidebar-season-1-episode-4
Disputes & investigations

The Future of Litigation – Episode 4

The impact of technology on litigation funding

23 March 2021
Quick read

by Laurence Lieberman and Nick Storrs

Click here to find out more