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LCIA Arb 2020 LCIA Arbitration Rules 2020
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:
(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.
Quelle: LCIA
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