مقررات مرکز داوری بین المللی difc-lcia دبی
مقررات مرکز داوری بین المللی difc-lcia دبی
Preamble
Where any agreement, submission or reference howsoever made or evidenced in writing (whether signed or not) provides in whatsoever manner for arbitration under the rules of or by the DIFC-LCIA Arbitration Centre or DIFC-LCIA, the parties thereto shall be taken to have agreed in writing that any arbitration between them shall be conducted in accordance with the Rules of Arbitration of the DIFC- LCIA Arbitration Centre as set forth below or such amended version of those rules as the DIFC-LCIA Arbitration Centre may have adopted hereafter to take effect before the commencement of the arbitration and that such Rules of Arbitration form part of their agreement (collectively, the "Arbitration Agreement"). These Rules of Arbitration of the DIFC-LCIA Arbitration Centre comprise this Preamble, the Articles and the Index, together with the Annex and the Schedule of Arbitration Costs as from time to time may be separately amended by the DIFC-LCIA Arbitration Centre (the "DIFC-LCIA Rules").
Article 1 Request for Arbitration
1.1 Any party wishing to commence arbitration under the DIFC-LCIA Rules (the "Claimant") shall deliver to the Registrar of the DIFC-LCIA Arbitration Centre (the "Registrar") a written request for arbitration (the "Request"), containing or accompanied by:
(i) the full name, nationality and all contact details (including email address, postal address and telephone number) of the Claimant for the purpose of receiving delivery of all documentation in the arbitration in accordance with Article 4; and the same particulars of the Claimant's authorised representatives (if any) and of all other parties to the arbitration;
(ii) the full terms of the Arbitration Agreement (except the DIFC-LCIA Rules) invoked by the Claimant to support its claim, together with a copy of any contractual or other documentation in which those terms are contained and to which the Claimant's claim relates;
(iii) a statement briefly summarising the nature and circumstances of the dispute, its estimated monetary amount or value, the transaction(s) at issue and the claim advanced by the Claimant against any other party to the arbitration (each such other party being here separately described as a "Respondent");
(iv) a statement of any procedural matters for the arbitration (such as the arbitral seat, the language(s) of the arbitration, the number of arbitrators, their qualifications and identities) upon which the parties have already agreed in writing or in respect of which the Claimant makes any proposal under the Arbitration Agreement;
(v) if the Arbitration Agreement (or any other written agreement) howsoever calls for any form of party nomination of arbitrators, the full name, email address, postal address and telephone number of the Claimant's nominee;
(vi) confirmation that the registration fee prescribed in the Schedule of Arbitration Costs has been or is being paid to the DIFC-LCIA Arbitration Centre, without actual receipt of which the Request shall be treated by the Registrar as not having been delivered and the arbitration as not having been commenced under the Arbitration Agreement; and
(vii) confirmation that copies of the Request (including all accompanying documents) have been or are being delivered to all other parties to the arbitration in accordance with Article 4 by one or more means to be identified specifically in such confirmation, to be supported then or as soon as possible thereafter by documentary proof satisfactory to the LCIA Court of actual delivery (including the date of delivery) or, if actual delivery is demonstrated to be impossible to the LCIA Court's satisfaction, sufficient information as to any other effective form of notification.
1.2 A Claimant wishing to commence more than one arbitration under the DIFC-LCIA Rules (whether against one or more Respondents and under one or more Arbitration Agreements) may serve a composite Request in respect of all such arbitrations, provided that the requirements of Article 1.1 are complied with to the satisfaction of the LCIA Court in respect of each arbitration. In particular, in any composite Request the Claimant must identify separately the estimated monetary amount or value in dispute, the transaction(s) at issue and the claim advanced by the Claimant against any other party in each arbitration. Each arbitration so commenced shall proceed separately and in accordance with the DIFC-LCIA Rules, subject to the LCIA Court or the Arbitral Tribunal determining otherwise.
1.3 The Request (including all accompanying documents) shall be submitted to the Registrar in electronic form in accordance with Article 4.1.
1.4 The arbitration shall be treated as having commenced for all purposes on the date upon which the Request (including all accompanying documents) is received electronically by the Registrar (the "Commencement Date"), provided that the DIFC-LCIA Arbitration Centre has received the registration fee. Where the registration fee is received subsequently the Commencement Date will be the date of the DIFC-LCIA Arbitration Centre's actual receipt of the registration fee.
1.5 At any time after the Commencement Date but prior to the appointment of the Arbitral Tribunal the LCIA Court may allow a Claimant to supplement, modify or amend its Request to correct any error in computation, any clerical or typographical error, any ambiguity or any mistake of a similar nature, after giving the parties a reasonable opportunity to state their views and upon such terms as the LCIA Court may decide.
1.6 There may be one or more Claimants (whether or not jointly represented); and in such event, where appropriate, the term "Claimant" shall be so interpreted under the Arbitration Agreement.
Article 2 Response
2.1 Within 28 days of the Commencement Date, or such lesser or greater period to be determined by the LCIA Court upon application by any party or upon its own initiative (pursuant to Article 22.5), the Respondent shall deliver to the Registrar a written response to the Request (the "Response"), containing or accompanied by:
(i) the Respondent's full name, nationality and all contact details (including email address, postal address and telephone number) for the purpose of receiving delivery of all documentation in the arbitration in accordance with Article 4 and the same particulars of its authorised representatives (if any);
(ii) confirmation or denial of all or part of the claim advanced by the Claimant in the Request, including the Claimant's invocation of the Arbitration Agreement in support of its claim;
(iii) if not full confirmation, a statement briefly summarising the nature and circumstances of the dispute, its estimated monetary amount or value, the transaction(s) at issue and the defence advanced by the Respondent, and also indicating any counterclaim advanced by the Respondent against any Claimant and any cross-claim against any other Respondent;
(iv) a response to any statement of procedural matters for the arbitration contained in the Request under Article 1.1(iv), including the Respondent's own statement relating to the arbitral seat, the language(s) of the arbitration, the number of arbitrators, their qualifications and identities and any other procedural matter upon which the parties have already agreed in writing or in respect of which the Respondent makes any proposal under the Arbitration Agreement;
(v) if the Arbitration Agreement (or any other written agreement) howsoever calls for party nomination of arbitrators, the full name, email address, postal address and telephone number of the Respondent's nominee; and
(vi) confirmation that copies of the Response (including all accompanying documents) have been or are being delivered to all other parties to the arbitration in accordance with Article 4 by one or more means of delivery to be identified specifically in such confirmation, to be supported then or as soon as possible thereafter by documentary proof satisfactory to the LCIA Court of actual delivery (including the date of delivery) or, if actual delivery is demonstrated to be impossible to the LCIA Court's satisfaction, sufficient information as to any other effective form of notification.
2.2 Where the Request is a composite Request, the Respondent may serve a composite Response in respect of all or any of the arbitrations, provided that the requirements of Article 2.1 are complied with to the satisfaction of the LCIA Court in respect of each arbitration to which the Response relates. In particular, in any composite Response the Respondent must identify separately the estimated monetary amount or value in dispute, the transaction(s) at issue and the defence, counterclaim or cross-claim advanced by the Respondent against any other party to each arbitration.
2.3 The Response (including all accompanying documents) shall be submitted to the Registrar in electronic form in accordance with Article 4.1.
2.4 Failure to nominate or propose any arbitrator candidate within the time for delivery of a Response or such other time period as is agreed by the parties shall constitute an irrevocable waiver of that party's opportunity to nominate or propose any arbitrator candidate. Failure to deliver any or any part of a Response within time or at all shall not (by itself) preclude the Respondent from denying any claim or from advancing any defence, counterclaim or cross- claim in the arbitration.
2.5 Subject to Article 2.4, at any time prior to the appointment of the Arbitral Tribunal the LCIA Court may allow a party to supplement, modify or amend its Response to correct any error in computation, any clerical or typographical error, any ambiguity or any mistake of a similar nature, after giving the parties a reasonable opportunity to state their views and upon such terms as the LCIA Court may decide.
2.6 There may be one or more Respondents (whether or not jointly represented); and in such event, where appropriate, the term "Respondent" shall be so interpreted under the Arbitration Agreement.
Article 3 LCIA Court and Registrar
3.1 The functions of the LCIA Court under the Arbitration Agreement shall be performed in its name by the President of the LCIA Court (or any of its Vice-Presidents, Honorary Vice- Presidents or former Vice-Presidents) or by a division of three or more members of the LCIA Court appointed by its President or any Vice-President (the "LCIA Court").
3.2 The functions of the Registrar under the Arbitration Agreement shall be performed under the supervision of the LCIA Court by the Registrar or any deputy Registrar.
3.3 All communications in the arbitration to the LCIA Court from any party, authorised representative of a party, arbitrator, tribunal secretary or expert to the Arbitral Tribunal shall be addressed to the Registrar. All such communications with the Registrar from any party or authorised representative of a party shall be copied to all other parties.
Article 4 Written Communications and Periods of Time
4.1 The Claimant shall submit the Request under Article 1.3 and the Respondent the Response under Article 2.3 in electronic form, either by email or other electronic means including via any electronic filing system operated by the DIFC-LCIA Arbitration Centre. Prior written approval should be sought from the Registrar, acting on behalf of the LCIA Court, to submit the Request or the Response by any alternative method.
4.2 Save with the prior written approval or direction of the Arbitral Tribunal, or, prior to the constitution of the Arbitral Tribunal, the Registrar acting on behalf of the LCIA Court, any written communication in relation to the arbitration shall be delivered by email or any other electronic means of communication that provides a record of its transmission.
4.3 Delivery by email or other electronic means of communication shall be as agreed or designated by a party for the purpose of receiving any communication in regard to the Arbitration Agreement. Any written communication (including the Request and Response) delivered to such party by that electronic means shall be treated as having been received by such party. In the absence of such agreement or designation or order by the Arbitral Tribunal, if delivery by electronic means has been regularly used in the parties' previous dealings, any written communication (including the Request and Response) may be delivered to a party by that electronic means and shall be treated as having been received by such party, subject to the LCIA Court or the Arbitral Tribunal being informed of any reason why the communication will not actually be received by such party including electronic delivery failure notification. Notwithstanding the above, the LCIA Court or the Arbitral Tribunal may direct that any written communication be delivered to a party at any address and by any means it considers appropriate.
4.4 For the purpose of determining the commencement of any time limit, unless otherwise ordered by the Arbitral Tribunal or the Registrar acting on behalf of the LCIA Court, a written communication sent by electronic means shall be treated as having been received by a party on the day it is transmitted (such time to be determined by reference to the recipient's time zone). If delivery by any other means is permitted or directed under this Article 4, a written communication shall be treated as having been received by a party on the day it is delivered (such time to be determined by reference to the recipient's time zone).
4.5 For the purpose of determining compliance with a time limit, unless otherwise ordered by the Arbitral Tribunal or the Registrar acting on behalf of the LCIA Court, a written communication shall be treated as having been made by a party if transmitted or delivered prior to or on the date of the expiration of the time limit (such time to be determined by reference to the sender's time zone).
4.6 For the purpose of calculating a period of time, such period shall begin to run on the day following the day when a written communication is received by the addressee. If the last day of such period is an official holiday or non-business day at the place of that addressee (or the place of the party against whom the calculation of time applies), the period shall be extended until the first business day which follows that last day. Official holidays and non-business days occurring during the running of the period of time shall be included in calculating that period.
4.7 A party shall inform the Registrar, the Arbitral Tribunal and all other parties as soon as reasonably practical of any changes to its full name and contact details (including email address, postal address and telephone number) or to those of its authorised representatives.
Article 5 Formation of Arbitral Tribunal
5.1 The formation of the Arbitral Tribunal by the LCIA Court shall not be impeded by any controversy between the parties relating to the sufficiency of the Request or the Response. The LCIA Court may also proceed with the arbitration notwithstanding that the Request is incomplete or the Response is missing, late or incomplete.
5.2 The expression the "Arbitral Tribunal" includes a sole arbitrator (including, where appropriate, an Emergency Arbitrator) or all the arbitrators where more than one.
5.3 All arbitrators shall be and remain at all times impartial and independent of the parties; and none shall act in the arbitration as advocate for or authorised representative of any party. No arbitrator shall give advice to any party on the parties' dispute or the conduct or outcome of the arbitration.
5.4 Before appointment by the LCIA Court, each arbitrator candidate shall furnish to the Registrar (upon the latter's request) a brief written summary of his or her qualifications and professional positions (past and present); the candidate shall also agree in writing fee rates conforming to the Schedule of Costs; the candidate shall sign a written declaration stating: (i) whether there are any circumstances currently known to the candidate which are likely to give rise in the mind of any party to any justifiable doubts as to his or her impartiality or independence and, if so, specifying in full such circumstances in the declaration; and (ii) whether the candidate is ready, willing and able to devote sufficient time, diligence and industry to ensure the expeditious and efficient conduct of the arbitration. The candidate shall promptly furnish such agreement and declaration to the Registrar.
5.5 Each arbitrator shall assume a continuing duty, until the arbitration is finally concluded, forthwith to disclose in writing any circumstances becoming known to that arbitrator after the date of his or her written declaration (under Article 5.4) which are likely to give rise in the mind of any party to any justifiable doubts as to his or her impartiality or independence, to be delivered to the LCIA Court, any other members of the Arbitral Tribunal and all parties in the arbitration.
5.6 The LCIA Court shall appoint the Arbitral Tribunal promptly following delivery to the Registrar of the Response or, if no Response is received, promptly after 28 days from the Commencement Date (or such other lesser or greater period to be determined by the LCIA Court pursuant to Article 22.5).
5.7 No party or third person may appoint any arbitrator under the Arbitration Agreement: the LCIA Court alone is empowered to appoint arbitrators (albeit taking into account any written agreement or joint nomination by the parties or nomination by the other candidates or arbitrators).
5.8 A sole arbitrator shall be appointed unless the parties have agreed in writing otherwise or the LCIA Court determines that in the circumstances a three-member tribunal is appropriate (or, exceptionally, more than three).
5.9 The LCIA Court shall appoint arbitrators with due regard for any particular method or criteria of selection agreed in writing by the parties. The LCIA Court shall also take into account the transaction(s) at issue, the nature and circumstances of the dispute, its monetary amount or value, the location and languages of the parties, the number of parties and all other factors which it may consider relevant in the circumstances.
5.10 The President of the LCIA Court shall only be eligible to be appointed as an arbitrator if the parties agree in writing to nominate him or her as the sole or presiding arbitrator; and the Vice-Presidents of the LCIA Court and the Chair of the LCIA Board of Directors (the latter being >ex officio a member of the LCIA Court) shall only be eligible to be appointed as arbitrators if nominated in writing by a party or parties or by the other candidates or arbitrators–provided that no such nominee shall have taken or shall take thereafter any part in any function of the LCIA Court or the DIFC-LCIA Arbitration Centre relating to such arbitration.
Article 6 Nationality of Arbitrators and Parties
6.1 Upon request of the Registrar, the parties shall each inform the Registrar and all other parties of their nationality. Where the parties are of different nationalities, a sole arbitrator or the presiding arbitrator shall not have the same nationality as any party unless the parties who are not of the same nationality as the arbitrator candidate all agree in writing otherwise.
6.2 For the purposes of Article 6.1, in the case of a natural person, nationality shall mean citizenship, whether acquired by birth or naturalisation or other requirements of the nation concerned. In the case of a legal person, nationality shall mean the jurisdiction in which it is incorporated and has its seat of effective management. A legal person that is incorporated in one jurisdiction but has its seat of effective management in another shall be treated as a national of both jurisdictions. The nationality of a party that is a legal person shall be treated as including the nationalities of its controlling shareholders or interests.
6.3 A person who is a citizen of two or more States shall be treated as a national of each State; citizens of the European Union shall be treated as nationals of its different Member States and shall not be treated as having the same nationality; a citizen of a State's overseas territory shall be treated as a national of that territory and not of that State; and a legal person incorporated in a State's overseas territory shall be treated as such and not (by such fact alone) as a national of or a legal person incorporated in that State.
Article 7 Party and Other Nominations
7.1 If the parties have agreed howsoever that any arbitrator is to be appointed by one or more of them or by any third person (other than the LCIA Court), that agreement shall be treated under the Arbitration Agreement as an agreement to nominate an arbitrator for all purposes. Such nominee may only be appointed by the LCIA Court as arbitrator subject to that nominee's compliance with Articles 5.3 to 5.5; and the LCIA Court shall refuse to appoint any nominee if it determines that the nominee is not so compliant or is otherwise unsuitable.
7.2 Where the parties have howsoever agreed that the Claimant or the Respondent or any third person (other than the LCIA Court) is to nominate an arbitrator and such nomination is not made within time (in the Request, Response or otherwise), the LCIA Court may appoint an arbitrator notwithstanding the absence of a nomination. The LCIA Court may, but shall not be obliged to, take into consideration any late nomination.
7.3 In the absence of written agreement between the Parties, no party may unilaterally nominate a sole arbitrator or presiding arbitrator.
Article 8 Three or More Parties
8.1 Where the Arbitration Agreement entitles each party howsoever to nominate an arbitrator, the parties to the dispute number more than two and such parties have not all agreed in writing that the disputant parties represent collectively two separate "sides" for the formation of the Arbitral Tribunal (as Claimants on one side and Respondents on the other side, each side nominating a single arbitrator), the LCIA Court shall appoint the Arbitral Tribunal without regard to any party's entitlement or nomination.
8.2 In such circumstances, the Arbitration Agreement shall be treated for all purposes as a written agreement by the parties for the nomination and appointment of the Arbitral Tribunal by the LCIA Court alone.
Article 9A Expedited Formation of Arbitral Tribunal
9.1 In the case of exceptional urgency, any party may apply to the LCIA Court for the expedited formation of the Arbitral Tribunal under Article 5.
9.2 Such an application shall be made to the Registrar in writing by electronic means, together with a copy of the Request (if made by a Claimant) or a copy of the Response (if made by a Respondent), and shall be delivered or notified forthwith to all other parties to the arbitration. The application shall set out the specific grounds for exceptional urgency requiring the expedited formation of the Arbitral Tribunal.
9.3 The LCIA Court shall determine the application as expeditiously as possible in the circumstances. If the application is granted, for the purpose of forming the Arbitral Tribunal the LCIA Court may abridge any period of time under the Arbitration Agreement or other agreement of the parties (pursuant to Article 22.5).
Article 9B Emergency Arbitrator
9.4 Subject always to Article 9.16 below, in the case of emergency at any time prior to the formation or expedited formation of the Arbitral Tribunal (under Articles 5 or 9A), any party may apply to the LCIA Court for the immediate appointment of a temporary sole arbitrator to conduct emergency proceedings pending the formation or expedited formation of the Arbitral Tribunal (the "Emergency Arbitrator").
9.5 Such an application shall be made to the Registrar in writing by electronic means, together with a copy of the Request (if made by a Claimant) or a copy of the Response (if made by a Respondent), delivered or notified forthwith to all other parties to the arbitration. The application shall set out, together with all relevant documentation: (i) the specific grounds for requiring, as an emergency, the appointment of an Emergency Arbitrator; and (ii) the specific claim, with reasons, for emergency relief. The application shall be accompanied by the applicant's written confirmation that the applicant has paid or is paying to the DIFC-LCIA Arbitration Centre the Special Fee under Article 9B, without actual receipt of which the application shall be dismissed by the LCIA Court. The Special Fee shall be subject to the terms of the Schedule of Arbitration Costs. Its amount is prescribed in the Schedule of Arbitration Costs, covering the fees and expenses of the Emergency Arbitrator and the administrative charges and expenses of the DIFC-LCIA Arbitration Centre, with additional charges (if any) of the LCIA Court. After the appointment of the Emergency Arbitrator, the amount of the Special Fee payable by the applicant may be increased by the LCIA Court in accordance with the Schedule of Arbitration Costs. Save as provided in Section 5(vi) of the Schedule of Arbitration Costs, Article 24 shall not apply to any Special Fee paid to the DIFC-LCIA Arbitration Centre.
9.6 The LCIA Court shall determine the application as soon as possible in the circumstances. If the application is granted, an Emergency Arbitrator shall be appointed by the LCIA Court within three days of the Registrar's receipt of the application (or as soon as possible thereafter). Articles 5.1, 5.7, 5.9, 5.10, 6, 9C, 10 and 16.2 (last sentence) shall apply to such appointment. The Emergency Arbitrator shall comply with the requirements of Articles 5.3, 5.4 and (until the emergency proceedings are finally concluded) Article 5.5.
9.7 The Emergency Arbitrator may conduct the emergency proceedings in any manner determined by the Emergency Arbitrator to be appropriate in the circumstances, taking account of the nature of such emergency proceedings, the need to afford to each party, if possible, an opportunity to be consulted on the claim for emergency relief (whether or not it avails itself of such opportunity), the claim and reasons for emergency relief and the parties' further submissions (if any). The Emergency Arbitrator is not required to hold any hearing with the parties whether in person, or virtually by conference call, videoconference or using other communications technology and may decide the claim for emergency relief on available documentation. In the event of a hearing, which may consist of several part- hearings (as decided by the Emergency Arbitrator), Articles 16.3, 19.2, 19.3 and 19.4 shall apply.
9.8 The Emergency Arbitrator shall decide the claim for emergency relief as soon as possible, but no later than 14 days following the Emergency Arbitrator's appointment. This deadline may only be extended by the LCIA Court in exceptional circumstances (pursuant to Article 22.5) or by the written agreement of all parties to the emergency proceedings. The Emergency Arbitrator may make any order or award which the Arbitral Tribunal could make under the Arbitration Agreement; and, in addition, may make any order adjourning the consideration of all or any part of the claim for emergency relief to the proceedings conducted by the Arbitral Tribunal (when formed).
9.9 An order of the Emergency Arbitrator shall be made in writing, with reasons. An award of the Emergency Arbitrator shall comply with Article 26.2 and, when made, take effect as an award under Article 26.8 (subject to Articles 9.11 and 9.12). The Emergency Arbitrator shall be responsible for delivering any order or award to the Registrar, who shall transmit the same promptly to the parties by electronic means.
9.10 The Special Fee paid shall form a part of the Arbitration Costs under Article 28.1, the amount of which shall be determined by the LCIA Court. Any legal or other expenses incurred by any party during the emergency proceedings shall form a part of the Legal Costs under Article 28.3. The Emergency Arbitrator may determine the amount of the Legal Costs relating to the emergency proceedings and the proportions in which the parties shall bear the Legal Costs and the Arbitration Costs of the emergency proceedings. Alternatively, the Emergency Arbitrator may leave such determination of all or part of the costs of the emergency proceedings to be decided by the Arbitral Tribunal.
9.11 Any order or award of the Emergency Arbitrator (apart from any order adjourning to the Arbitral Tribunal, when formed, any part of the claim for emergency relief) may be confirmed, varied, discharged or revoked, in whole or in part, by order or award made by the Arbitral Tribunal upon application by any party or upon its own initiative.
9.12 Prior to the formation of the Arbitral Tribunal, the Emergency Arbitrator may, upon application by any party or upon its own initiative:
(i) confirm, vary, discharge or revoke, in whole or in part, any order of the Emergency Arbitrator and/or issue an additional order;
(ii) correct any error in computation, any clerical or typographical error, any ambiguity or any mistake of a similar nature in any award of the Emergency Arbitrator; and/or
(iii) make an additional award as to any claim for emergency relief presented in the emergency proceedings but not decided in any award of the Emergency Arbitrator.
9.13 Notwithstanding Article 9B, a party may apply to a competent state court or other legal authority for any interim or conservatory measures before the formation of the Arbitral Tribunal; and Article 9B shall not be treated as an alternative to or substitute for the exercise of such right. During the emergency proceedings, any application to and any order by such court or authority shall be communicated promptly in writing to the Emergency Arbitrator, the Registrar and all other parties.
9.14 Articles 3.3, 4, 13.1-13.4, 14.1-14.2, 14.5, 14A, 16, 17, 18, 22.3-22.4, 23, 24A, 25.1, 25.3, 28, 29, 30, 30A, 31 and 32 and the Annex shall apply to emergency proceedings. In addition to the provisions expressly set out there and in this Article 9B, the Emergency Arbitrator and the parties to the emergency proceedings shall also be guided by other provisions of the Arbitration Agreement, whilst recognising that several such provisions may not be fully applicable or appropriate to emergency proceedings. Wherever relevant, the LCIA Court may abridge any period of time under any such provisions (pursuant to Article 22.5).
9.15 The LCIA Court shall have the power to decide, at its discretion, all matters relating to the administration of the emergency proceedings not expressly provided for in this Article 9B.
9.16 Article 9B shall not apply if either: (i) the parties have concluded their arbitration agreement before 1 October 2016 and the parties have not agreed in writing to 'opt in' to Article 9B; or (ii) the parties have agreed in writing at any time to 'opt out' of Article 9B.
Article 9C Expedited Appointment of Replacement Arbitrator
9.17 Any party may apply to the LCIA Court to expedite the appointment of a replacement arbitrator under Article 11.
9.18 Such an application shall be made in writing to the Registrar by electronic means, delivered or notified forthwith to all other parties to the arbitration; and it shall set out the specific grounds requiring the expedited appointment of the replacement arbitrator.
9.19 The LCIA Court shall determine the application as expeditiously as possible in the circumstances. If the application is granted, for the purpose of expediting the appointment of the replacement arbitrator the LCIA Court may abridge any period of time in the Arbitration Agreement or any other agreement of the parties (pursuant to Article 22.5).
Article 10 Revocation and Challenges
10.1 The LCIA Court may revoke any arbitrator's appointment upon its own initiative, at the written request of all other members of the Arbitral Tribunal or upon a written challenge by any party if: (i) that arbitrator gives written notice to the LCIA Court of his or her intent to resign as arbitrator, to be copied to all parties and all other members of the Arbitral Tribunal (if any); (ii) that arbitrator falls seriously ill, refuses or becomes unable or unfit to act; or (iii) circumstances exist that give rise to justifiable doubts as to that arbitrator's impartiality or independence.
10.2 The LCIA Court may determine that an arbitrator is unfit to act under Article 10.1 if that arbitrator: (i) acts in deliberate violation of the Arbitration Agreement; (ii) does not act fairly or impartially as between the parties; or (iii) does not conduct or participate in the arbitration with reasonable efficiency, diligence and industry.
10.3 A party challenging an arbitrator under Article 10.1 shall, within 14 days of the formation of the Arbitral Tribunal or (if later) within 14 days of becoming aware of any grounds described in Article 10.1 or 10.2, deliver a written statement of the reasons for its challenge to the LCIA Court, the Arbitral Tribunal and all other parties. A party may challenge an arbitrator whom it has nominated, or in whose appointment it has participated, only for reasons of which it becomes aware after the appointment has been made by the LCIA Court.
10.4 If all other parties agree in writing to the challenge within 14 days of receipt of the written statement, the LCIA Court shall revoke that arbitrator's appointment (without reasons).
10.5 Unless the parties so agree or the challenged arbitrator resigns in writing within 14 days of receipt of the written statement, the LCIA Court shall decide the challenge. The LCIA Court may conduct the challenge proceedings in any manner it considers to be appropriate in the circumstances but shall in any event provide the other parties and the challenged arbitrator a reasonable opportunity to comment on the challenging party's written statement. The LCIA Court may require at any time further information and materials from the challenging party, the challenged arbitrator, other parties, any authorised representative of a party, other members of the Arbitral Tribunal and the tribunal secretary (if any).
10.6 The LCIA Court's decision shall be made in writing, with reasons; and a copy shall be transmitted by the Registrar to the parties, the challenged arbitrator and other members of the Arbitral Tribunal (if any). If the challenge is upheld, the LCIA Court shall revoke that arbitrator's appointment. A challenged arbitrator who resigns in writing prior to the LCIA Court's decision shall not be considered as having admitted any part of the written statement.
10.7 The LCIA Court shall determine the amount of fees and expenses (if any) to be paid for the former arbitrator's services, as it may consider appropriate in the circumstances. The LCIA Court may also determine whether, in what amount and to whom any party should pay all or any part of the costs of the challenge; and the LCIA Court may also refer all or any part of such costs to the later decision of the Arbitral Tribunal and/or the LCIA Court under Article 28.
Article 11 Nomination and Replacement
11.1 In the event that the LCIA Court determines that justifiable doubts exist as to any arbitrator candidate's suitability, independence or impartiality, or if a nominee declines appointment as arbitrator, or if an arbitrator is to be replaced for any reason, the LCIA Court may determine whether or not to follow the original nominating process for such arbitral appointment.
11.2 The LCIA Court may determine that any opportunity given to a party to make any re- nomination (under the Arbitration Agreement or otherwise) shall be waived if not exercised within 14 days (or such lesser or greater time as the LCIA Court may determine), after which the LCIA Court shall appoint the replacement arbitrator without such re-nomination.
11.3 Save for any award rendered, the Arbitral Tribunal (when reconstituted) shall determine whether, and if so to what extent, the previous proceedings in the arbitration shall stand.
Article 12 Majority Power to Continue Deliberations
12.1 Where an arbitrator without good cause refuses or persistently fails to participate in the deliberations of an Arbitral Tribunal, the remaining arbitrators jointly may give written notice of such refusal or failure to the LCIA Court, the parties and the absent arbitrator. In exceptional circumstances, the remaining arbitrators may decide to continue the arbitration (including the making of any award) notwithstanding the absence of that other arbitrator, subject to the written approval of the LCIA Court.
12.2 In deciding whether to continue the arbitration, the remaining arbitrators shall take into account the stage of the arbitration, any explanation made by or on behalf of the absent arbitrator for his or her refusal or failure to participate, the likely effect upon the legal recognition or enforceability of any award at the seat of the arbitration and such other matters as they consider appropriate in the circumstances. The reasons for such decision shall be stated in any award made by the remaining arbitrators without the participation of the absent arbitrator.
12.3 In the event that the remaining arbitrators decide at any time after giving written notice of such refusal or failure not to continue the arbitration without the participation of the absent arbitrator, the remaining arbitrators shall notify in writing the parties and the LCIA Court of such decision; and, in that event, the remaining arbitrators or any party may refer the matter to the LCIA Court for the revocation of the absent arbitrator's appointment and the appointment of a replacement arbitrator under Articles 10 and 11.
Article 13 Communications between Parties and Arbitral Tribunal
13.1 Following the formation of the Arbitral Tribunal, all communications shall take place directly between the Arbitral Tribunal and the parties (to be copied to the Registrar), unless the Arbitral Tribunal decides that communications should continue to be made through the Registrar.
13.2 Where the Registrar sends any written communication to one party on behalf of the Arbitral Tribunal or the LCIA Court, he or she shall send a copy to each of the other parties.
13.3 Where any party delivers to the Arbitral Tribunal any communication (including statements and documents under Article 15) it shall deliver a copy to each arbitrator, all other parties and the Registrar; and it shall confirm to the Arbitral Tribunal in writing that it has done or is doing so.
13.4 During the arbitration proceedings, no party shall deliberately initiate or attempt to initiate any unilateral contact relating to the arbitration or the parties' dispute with any member of the LCIA Court exercising any function in regard to the arbitration or, from the Arbitral Tribunal's formation onwards, any member of the Arbitral Tribunal or the tribunal secretary (if any), which has not been disclosed in writing prior to or shortly after the time of such contact to all other parties, all members of the Arbitral Tribunal and the Registrar. Notwithstanding Article 3.3, a party may, however, have unilateral contact with the Registrar regarding administrative matters.
13.5 Prior to the Arbitral Tribunal's formation, unless the parties agree otherwise in writing, any arbitrator, candidate or nominee who is required to participate in the selection of a presiding arbitrator may consult any party in order to obtain the views of that party as to the suitability of any candidate or nominee as presiding arbitrator, provided that such arbitrator, candidate or nominee promptly informs any other arbitrator, candidate or nominee involved in the selection process and the Registrar of such consultation.
Article 14 Conduct of Proceedings
14.1 Under the Arbitration Agreement, the Arbitral Tribunal's general duties at all times during the arbitration shall include:
(i) a duty to act fairly and impartially as between all parties, giving each a reasonable opportunity of putting its case and dealing with that of its opponent(s); and
(ii) a duty to adopt procedures suitable to the circumstances of the arbitration, avoiding unnecessary delay and expense, so as to provide a fair, efficient and expeditious means for the final resolution of the parties' dispute.
14.2 The Arbitral Tribunal shall have the widest discretion to discharge these general duties, subject to the mandatory provisions of any applicable law or any rules of law the Arbitral Tribunal may decide to be applicable; and at all times the parties shall do everything necessary in good faith for the fair, efficient and expeditious conduct of the arbitration, including the Arbitral Tribunal's discharge of its general duties.
14.3 The parties and the Arbitral Tribunal shall make contact (whether by a hearing in person or virtually by conference call, videoconference or using other communications technology or exchange of correspondence) as soon as practicable but no later than 21 days from receipt of the Registrar's written notification of the formation of the Arbitral Tribunal.
14.4 The parties may agree on joint proposals for the conduct of their arbitration for consideration by the Arbitral Tribunal.
14.5 Without prejudice to the generality of the Arbitral Tribunal's discretion, after giving the parties a reasonable opportunity to state their views, the Arbitral Tribunal may, subject to the DIFC-LCIA Rules, make any procedural order it considers appropriate with regard to the fair, efficient and expeditious conduct of the arbitration.
14.6 The Arbitral Tribunal's power under Article 14.5 includes the making of any procedural order with a view to expediting the procedure to be adopted in the arbitration by:
(i) limiting the length or content of, or dispensing with, any written statement to be delivered under Article 15;
(ii) limiting the written and oral testimony of any witness in accordance with Article 20.4;
(iii) employing technology to enhance the efficient and expeditious conduct of the arbitration (including any hearing);
(iv) deciding the stage of the arbitration at which any issue or issues shall be determined, and in what order, in accordance with Article 22.1(vii);
(v) dispensing with a hearing, subject always to Article 19;
(vi) exercising its powers of Early Determination under Article 22.1(viii);
(vii) setting an appropriate period of time for any stage of, or step to be taken in, the arbitration including with regard to the conduct of any hearing;
(viii) abridging any period of time in accordance with Article 22.1(ii); and
(ix) making any other order that the Arbitral Tribunal considers appropriate in the circumstances of the arbitration.
14.7 In the case of an Arbitral Tribunal other than a sole arbitrator, the presiding arbitrator, with the prior agreement of its other members and all parties, may make procedural decisions alone.
Article 14A Tribunal Secretary
14.8 Subject to Articles 14.9 to 14.15, and to any applicable law, an Arbitral Tribunal may obtain assistance from a tribunal secretary in relation to an arbitration. Under no circumstances may an Arbitral Tribunal delegate its decision-making function to a tribunal secretary. All tasks carried out by a tribunal secretary shall be carried out on behalf of, and under the supervision of, the Arbitral Tribunal which shall retain its responsibility to ensure that all tasks are performed to the standard required by the DIFC-LCIA Rules.
14.9 Before assisting an Arbitral Tribunal, each tribunal secretary candidate shall sign a written declaration stating: (i) whether there are any circumstances currently known to the candidate which are likely to give rise in the mind of any party to any justifiable doubts as to his or her impartiality or independence and, if so, specifying in full such circumstances in the declaration; and (ii) whether the candidate is ready, willing and able to devote sufficient time, diligence and industry to ensure the expeditious and efficient conduct of the tasks to be performed by the tribunal secretary. The candidate shall furnish promptly such written declaration to the Arbitral Tribunal and to the Registrar.
14.10 An Arbitral Tribunal may only obtain assistance from a tribunal secretary once the tribunal secretary has been approved by all parties. A tribunal secretary is approved once:
(i) the parties have agreed the tasks that may be carried out by the tribunal secretary;
(ii) if an hourly rate is to be charged and the tribunal secretary is to be entitled to have expenses reimbursed, the parties have agreed to this hourly rate and entitlement to reimbursement;
(iii) the written declaration referred to in Article 14.9 has been provided to the parties; and
(iv) the parties have agreed to the particular person filling the role of tribunal secretary.
14.11 If additional tasks to those agreed under Article 14.10(i) are to be undertaken by the tribunal secretary, or the hourly rate to be charged by the tribunal secretary is to increase, the Arbitral Tribunal must obtain prior agreement from all parties.
14.12 A party will be deemed to have agreed to the matters set out in Articles 14.10 and 14.11 if that party has not objected within such reasonable time as is set by the Arbitral Tribunal.
14.13 Any fees charged by, or expenses reimbursed to, a tribunal secretary shall form a part of the Arbitration Costs determined by the LCIA Court (as to the amount of Arbitration Costs) under Article 28.1.
14.14 A tribunal secretary shall assume a continuing duty, until the arbitration is finally concluded, forthwith to disclose in writing any circumstances becoming known to that tribunal secretary after the date of his or her written declaration (under Article 14.9) which are likely to give rise in the mind of any party to any justifiable doubts as to his or her impartiality or independence, to be delivered to the LCIA Court, the Arbitral Tribunal and all parties in the arbitration.
14.15 A tribunal secretary may be removed by the Arbitral Tribunal at its discretion. Article 10 shall also apply, with necessary changes, to any tribunal secretary.
Article 15 Written Stage of the Arbitration
15.1 Unless the parties have agreed or jointly proposed in writing otherwise or the Arbitral Tribunal should decide differently, the written stage of the arbitration and its procedural timetable shall be as set out in this Article 15.
15.2 Within 28 days of receipt of the Registrar's written notification of the Arbitral Tribunal's formation, the Claimant shall deliver to the Arbitral Tribunal and all other parties either: (i) its written election to have its Request treated as its Statement of Case complying with this Article 15.2; or (ii) its written Statement of Case setting out in sufficient detail the relevant facts and legal submissions on which it relies, together with the relief claimed against all other parties, and all documents relied upon.
15.3 Within 28 days of receipt of the Claimant's Statement of Case or the Claimant's election to treat the Request as its Statement of Case, the Respondent shall deliver to the Arbitral Tribunal and all other parties either: (i) its written election to have its Response treated as its Statement of Defence and (if applicable) Counterclaim complying with this Article 15.3; or (ii) its written Statement of Defence and (if applicable) Statement of Counterclaim setting out in sufficient detail the relevant facts and legal submissions on which it relies, together with the relief claimed against all other parties, and all documents relied upon.
15.4 Within 28 days of receipt of the Respondent's Statement of Defence and (if applicable) Statement of Counterclaim or the Respondent's election to treat the Response as its Statement of Defence and (if applicable) Counterclaim, the Claimant shall deliver to the Arbitral Tribunal and all other parties a written Statement of Reply which, where there is any counterclaim, shall also include a Statement of Defence to Counterclaim in the same manner required for a Statement of Defence, together with all documents relied upon.
15.5 If the Statement of Reply contains a Statement of Defence to Counterclaim, within 28 days of its receipt the Respondent shall deliver to the Arbitral Tribunal and all other parties its written Statement of Reply to the Defence to Counterclaim, together with all documents relied upon.
15.6 No party may submit any further written statement following the last of these Statements, unless otherwise ordered by the Arbitral Tribunal.
15.7 The Arbitral Tribunal may provide additional or alternative directions as to any part of the written stage of the arbitration, including but not limited to directions for:/p>
(i) further written submissions;
(ii) written statements with respect to any party's cross-claims;
(iii) the service of written evidence from any fact or expert witness;
(iv) the service of any other form of written evidence; and
(v) the sequence, timing and composition of the written stage of the arbitration.
15.8 If the Respondent fails to submit a Statement of Defence or the Claimant a Statement of Defence to Counterclaim, or if at any time any party fails to avail itself of the opportunity to present its written case in the manner required under this Article 15 or as otherwise ordered by the Arbitral Tribunal, the Arbitral Tribunal may nevertheless proceed with the arbitration (with or without a hearing) and make one or more awards.
15.9 As soon as practicable following the written stage of the arbitration, the Arbitral Tribunal shall proceed in such manner as has been agreed in writing by the parties or pursuant to its authority under the Arbitration Agreement.
15.10 In any event, the Arbitral Tribunal shall seek to make its final award as soon as reasonably possible and shall endeavour to do so no later than three months following the last submission from the parties (whether made orally or in writing), in accordance with a timetable notified to the parties and the Registrar as soon as practicable (if necessary, as revised and re-notified from time to time). When the Arbitral Tribunal (not being a sole arbitrator) establishes a time for what it contemplates shall be the last submission from the parties (whether written or oral), it shall set aside adequate time for deliberations (whether in person or otherwise) as soon as possible after that last submission and notify the parties of the time it has set aside.
Article 16 Seat of Arbitration, Place(s) of Hearing and Applicable Law
16.1 The parties may agree in writing the seat (or legal place) of their arbitration at any time before the formation of the Arbitral Tribunal and, after such formation, with the prior written consent of the Arbitral Tribunal.
16.2 In default of any such agreement, the seat of the arbitration shall be Dubai International Financial Centre (Dubai, United Arab Emirates), unless and until the Arbitral Tribunal orders, in view of the circumstances and after having given the parties a reasonable opportunity to make written comments to the Arbitral Tribunal, that another arbitral seat is more appropriate. Such default seat shall not be considered as a relevant circumstance by the LCIA Court in appointing any arbitrator or Emergency Arbitrator under Articles 5, 9A, 9B, 9C and 11.
16.3 If any hearing is to be held in person, the Arbitral Tribunal may hold such hearing at any convenient geographical place in consultation with the parties. If the Arbitral Tribunal is to meet in person to hold its deliberations, it may do so at any geographical place of its own choice. If such place(s) should be elsewhere than the seat of the arbitration, or if any hearing or deliberation takes place otherwise than in person (in whole or in part), the arbitration shall nonetheless be treated for all purposes as an arbitration conducted at the arbitral seat and any order or award as having been made at that seat.
16.4 Subject to Article 16.5, the law applicable to the Arbitration Agreement and the arbitration shall be the law applicable at the seat of the arbitration, unless and to the extent that the parties have agreed in writing on the application of other laws or rules of law and such agreement is not prohibited by the law applicable at the arbitral seat.
16.5 Notwithstanding Article 16.4, the DIFC-LCIA Rules shall be interpreted in accordance with the laws of England and Wales.
Article 17 Language(s) of Arbitration
17.1 The initial language of the arbitration (until the formation of the Arbitral Tribunal) shall be the language or prevailing language of the Arbitration Agreement, unless the parties have agreed in writing otherwise.
17.2 In the event that the Arbitration Agreement is written in more than one language of equal standing, the LCIA Court may, unless the Arbitration Agreement provides that the arbitration proceedings shall be conducted from the outset in more than one language, determine which of those languages shall be the initial language of the arbitration.
17.3 A non-participating or defaulting party shall have no cause for complaint if communications to and from the LCIA Court and Registrar are conducted in the initial language(s) of the arbitration or of the arbitral seat.
17.4 Following the formation of the Arbitral Tribunal, unless the parties have agreed upon the language or languages of the arbitration, the Arbitral Tribunal shall decide upon the language(s) of the arbitration after giving the parties a reasonable opportunity to make written comments and taking into account the initial language(s) of the arbitration and any other matter it may consider appropriate in the circumstances.
17.5 If any document is expressed in a language other than the language(s) of the arbitration and no translation of such document is submitted by the party relying upon the document, the Arbitral Tribunal may order or (if the Arbitral Tribunal has not been formed) the Registrar may request that party to submit a translation of all or any part of that document in any language(s) of the arbitration or of the arbitral seat.
Article 18 Authorised Representatives of a Party
18.1 Any party may be represented in the arbitration by one or more authorised representatives appearing by name before the Arbitral Tribunal.
18.2 Until the Arbitral Tribunal's formation, the Registrar may request from any party: (i) written proof of the authority granted by that party to any authorised representative designated in its Request or Response; and (ii) written confirmation of the names, email and postal addresses of all such party's authorised representatives in the arbitration. After its formation, at any time, the Arbitral Tribunal may order any party to provide similar proof or confirmation in any form it considers appropriate.
18.3 Following the Arbitral Tribunal's formation, any intended change or addition by a party to its authorised representatives shall be notified promptly in writing to all other parties, the Arbitral Tribunal, the tribunal secretary (if any) and the Registrar; and any such intended change or addition shall only take effect in the arbitration subject to the approval of the Arbitral Tribunal.
18.4 The Arbitral Tribunal may withhold approval of any intended change or addition to a party's authorised representatives where such change or addition could compromise the composition of the Arbitral Tribunal or the finality of any award (on the grounds of possible conflict of interest or other like impediment). In deciding whether to grant or withhold such approval, the Arbitral Tribunal shall have regard to the circumstances, including: the general principle that a party may be represented by an authorised representative chosen by that party, the stage which the arbitration has reached, the efficiency resulting from maintaining the composition of the Arbitral Tribunal (as constituted throughout the arbitration) and any likely wasted costs or loss of time resulting from such change or addition.
18.5 Each party shall ensure that all its authorised representatives appearing by name before the Arbitral Tribunal have agreed to comply with the general guidelines contained in the Annex, as a condition of such representation. In permitting any authorised representative so to appear, a party shall thereby represent that the authorised representative has agreed to such compliance.
18.6 In the event of a complaint by one party against another party's authorised representative appearing by name before the Arbitral Tribunal (or of such complaint by the Arbitral Tribunal upon its own initiative), the Arbitral Tribunal may decide, after consulting the parties and granting that authorised representative a reasonable opportunity to answer the complaint, whether or not the authorised representative has violated the general guidelines contained in the Annex. If such violation is found by the Arbitral Tribunal, the Arbitral Tribunal may order any or all of the following sanctions against the authorised representative: (i) a written reprimand; (ii) a written caution as to future conduct in the arbitration; and (iii) any other measure necessary to fulfil within the arbitration the general duties required of the Arbitral Tribunal under Articles 14.1(i) and (ii).
he proceedings not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right, or to enforce or challenge an award in legal proceedings before a state court or other legal authority. The parties shall seek the same undertaking of confidentiality from all those that it involves in the arbitration, including but not limited to any authorised representative, witness of fact, expert or service provider.
30.2 Article 30.1 of the DIFC-LCIA Rules shall also apply, with necessary changes, to the Arbitral Tribunal, any tribunal secretary and any expert to the Arbitral Tribunal. Notwithstanding any other provision of the DIFC-LCIA Rules, the deliberations of the Arbitral Tribunal shall remain confidential to its members and if appropriate any tribunal secretary, save as required by any applicable law and to the extent that disclosure of an arbitrator's refusal to participate in the arbitration is required of the other members of the Arbitral Tribunal under Articles 10, 12, 26.6 and 27.5.
30.3 The DIFC-LCIA Arbitration Centre does not publish any award or any part of an award without the prior written consent of all parties and the Arbitral Tribunal.
Article 30A Data Protection
30.4 Any processing of personal data by the DIFC-LCIA Arbitration Centre, the LCIA and the LCIA Court is subject to: (i) applicable data protection legislation; (ii) the DIFC-LCIA Arbitration Centre's data protection notice published on the DIFC-LCIA Arbitration Centre's website; and (iii) and LCIA's data protection notice published on the LCIA's website, as applicable.
30.5 In accordance with its duties under Article 14.1, at an early stage of the arbitration the Arbitral Tribunal shall, in consultation with the parties and where appropriate the DIFC-LCIA Arbitration Centre, consider whether it is appropriate to adopt:
(i) any specific information security measures to protect the physical and electronic information shared in the arbitration; and
(ii) any means to address the processing of personal data produced or exchanged in the arbitration in light of applicable data protection or equivalent legislation.
30.6 The DIFC-LCIA Arbitration Centre and the Arbitral Tribunal may issue directions addressing information security or data protection, which shall be binding on the parties, and in the case of those issued by the DIFC-LCIA Arbitration Centre, also on the members of the Arbitral Tribunal, subject to the mandatory provisions of any applicable law or rules of law.
Article 31 Limitation of Liability and Jurisdiction Clause
31.1 None of the DIFC-LCIA Arbitration Centre (including its officers, members and employees), the LCIA (including its officers, members and employees), the LCIA Court (including its President, Vice-Presidents, Honorary Vice-Presidents, former Vice-Presidents and members), the Dubai International Financial Centre Arbitration Institute (including its trustees, officers, members and employees), the LCIA Board (including any board member), the Registrar (including any deputy or acting Registrar), any arbitrator, any Emergency Arbitrator, any tribunal secretary and any expert to the Arbitral Tribunal shall be liable to any party howsoever for any act or omission in connection with any arbitration, save: (i) where the act or omission is shown by that party to constitute conscious and deliberate wrongdoing committed by the body or person alleged to be liable to that party; or (ii) to the extent that any part of this provision is shown to be prohibited by any applicable law.
31.2 After the award has been made and all possibilities of any addendum to the award or additional award under Article 27 have lapsed or been exhausted, none of the DIFC-LCIA Arbitration Centre (including its officers, members and employees), the LCIA (including its officers, members and employees), the LCIA Court (including its President, Vice-Presidents, Honorary Vice-Presidents, former Vice-Presidents and members), the Dubai International Financial Centre Arbitration Institute (including its trustees, officers, members and employees), the LCIA Board (including any board member), the Registrar (including any deputy or acting Registrar), any arbitrator, any Emergency Arbitrator, any tribunal secretary and any expert to the Arbitral Tribunal shall be under any legal obligation to make any statement to any person about any matter concerning the arbitration; nor shall any party seek to make any of these bodies or persons a witness in any legal or other proceedings arising out of the arbitration.
31.3 Any party agreeing to arbitration under or in accordance with the DIFC-LCIA Rules irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to hear and decide any action, suit or proceedings between that party and the DIFC-LCIA Arbitration Centre (including its officers, members and employees), the LCIA (including its officers, members and employees), the LCIA Court (including its President, Vice-President, Honorary Vice-Presidents, former Vice-Presidents and members), the Dubai International Financial Centre Arbitration Institute (including its trustees, officers, members and employees), the LCIA Board (including any board member), the Registrar (including any deputy or acting Registrar), any arbitrator, any Emergency Arbitrator, any tribunal secretary and any expert to the Arbitral Tribunal which may arise out of or in connection with any such arbitration and, for these purposes, each party irrevocably submits to the jurisdiction of the courts of England and Wales.
Article 32 General Rules
32.1 A party who knows that any provision of the Arbitration Agreement has not been complied with and yet proceeds with the arbitration without promptly stating its objection as to such non-compliance to the Registrar (before the formation of the Arbitral Tribunal) or the Arbitral Tribunal (after its formation), shall be treated as having irrevocably waived its right to object for all purposes.
32.2 For all matters not expressly provided in the Arbitration Agreement, the DIFC-LCIA Arbitration Centre, the LCIA, the LCIA Court, the Registrar (including any deputy or acting Registrar), the Arbitral Tribunal, any tribunal secretary and each of the parties shall act at all times in good faith, respecting the spirit of the Arbitration Agreement, and shall make every reasonable effort to ensure that any award is legally recognised and enforceable at the arbitral seat.
32.3 If and to the extent that any part of the Arbitration Agreement is decided by the Arbitral Tribunal, the Emergency Arbitrator, or any court or other legal authority of competent jurisdiction to be invalid, ineffective or unenforceable, such decision shall not, of itself, adversely affect any order or award by the Arbitral Tribunal or the Emergency Arbitrator or any other part of the Arbitration Agreement which shall remain in full force and effect, unless prohibited by any applicable law.
32.4 The LCIA Court may decide to administer any arbitration directly, in whole or in part, if it deems this appropriate under the circumstances.