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Viernes, 18 de mayo de 2012
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Contacto y servicios
Nombre oficial de la Institución:
London Court of International Arbitration (LCIA)
Dirección postal:
70 Fleet Street
London
EC4Y 1EU
London
Reino Unido
+44 (0) 20 7936 7007
lcia@lcia.org
http://www.lcia.org/
London
EC4Y 1EU
London
Reino Unido
+44 (0) 20 7936 7007
lcia@lcia.org
http://www.lcia.org/
Ámbito:
National & International
Delegaciones:
London, New Delhi, Dubai
Idioma(s):
Español, Inglés, Francés, Alemán, Italiano, Portugués, Chino, Ruso, Arabe, Hindi
Servicios ADR:
Arbitraje, Mediación, Med/Arb
Especialidades:
Internacional, Mercantil/Comercial Propiedad Intelectual, Patentes/Marcas, Inmobiliario, Construcción, Marítimo, Medioambiental, Financiero/Inversiones, Mercado de Valores, Transporte, Telecomunicaciones, Agropecuario, Aeroespacial, Hidrocarburos, Seguros, Hardware/Software, Entretenimiento/Espectáculo, Ferroviario, Bancario, Energía/Utilidades, Logística/Distribución, Infraestructuras, Franquicia, Importación/Exportación, Societario, Recursos Naturales
Información general
Fundada:
1883
Representante:
William W Park
Presidente
Presidente
The LCIA is one of the leading international institutions for commercial dispute resolution. Its organisation, operation, outlook and services are worldwide, in the fields of arbitration, mediation and other forms of ADR.
The LCIA has access to the most eminent and experienced arbitrators, mediators and experts from many jurisdictions, and with the widest range of expertise. The LCIA's dispute resolution services are available to all contracting parties, without any membership requirements.
The LCIA aims to make its administrative services cost-effective, basing its charges principally on the hourly rates of its neutrals and of the LCIA's administrative staff, without reference to the sums in issue.
______________________
History of the LCIA
On 5 April 1883, the Court of Common Council of the City of London set up a committee to draw up proposals for the establishment of a tribunal for the arbitration of domestic and, in particular, of trans-national commercial disputes arising within the ambit of the City.
As The Law Quarterly Review (“LQR”) was to report at the inauguration of the tribunal a few years later:
"This Chamber is to have all the virtues which the law lacks. It is to be expeditious where the law is slow, cheap where the law is costly, simple where the law is technical, a peacemaker instead of a stirrer-up of strife.” *
Commercial interests were also seeking the adjudication of their disputes by their own; by a tribunal precisely familiar with the area of business in which the dispute had arisen, though this was not, of itself, a new idea. As the same LQR report commented:
"We have the germ of it …. in the old Court of Pied Poudre, in the aldermen arbitrators of the fifteenth century, in the committees of the Stock Exchange, Corn Exchange, Coal Exchange."
In 1884, the committee submitted its plan for a tribunal that would be administered by the City Corporation, with the co-operation of the London Chamber of Commerce. However, though the plan had arisen out of an identified and urgent need, it was to be put on ice pending the passing of the Arbitration Act of 1889.
In April 1891, the scheme was finally adopted and the new tribunal was named “The City of London Chamber of Arbitration”. It was to sit at the Guildhall in the City, under the administrative charge of an arbitration committee made up of members of the London Chamber and of the City Corporation.
The Chamber was formally inaugurated on 23 November 1892, in the presence of a large and distinguished gathering, which included the then President of the Board of Trade. Considerable interest was also shown both by the press and in legal commercial circles.
In April 1903, the tribunal was re-named the "London Court of Arbitration" and, two years later, the Court moved from the Guildhall to the nearby premises of the London Chamber of Commerce. The Court's administrative structure remained largely unchanged for the next seventy years.
In 1975, the Institute of Arbitrators (later the Chartered Institute) joined the other two administering bodies and the earlier arbitration committee became the "Joint Management Committee", reduced in size from the original twenty four members to eighteen, six representatives from each of the three organisations. The Director of the Institute of Arbitrators became the Registrar of the London Court of Arbitration.
In 1981, the name of the Court was changed to “The London Court of International Arbitration", to reflect the nature of its work, which was, by that time, predominantly international. New and innovative rules were also adopted that year.
In 1985, not far short of its centenary, new and innovative rules were promulgated and the LCIA Arbitration Court was established, marking the coming of age of the LCIA as an international institution.
In 1986, the LCIA became a private not-for-profit company, limited by guarantee, and fully independent of the three founding bodies. It then set about consolidating its position in the international arena, under the guidance of Sir Michael Kerr, the first President of the LCIA Court, and Bertie Vigrass, the first Registrar of the independent LCIA.
Sir Michael Kerr's illustrious successors in the role of President of the LCIA Court have, to date, been Professor Dr Karl-Heinz Böckstiegel (1994 - 1998), L Yves Fortier CC OQ QC (1998 - 2001), Professor Dr Gerold Herrmann (2001 - 2004), Jan Paulsson (2004 - 2010), Professor William W Park (2010 - present).
The LCIA has access to the most eminent and experienced arbitrators, mediators and experts from many jurisdictions, and with the widest range of expertise. The LCIA's dispute resolution services are available to all contracting parties, without any membership requirements.
The LCIA aims to make its administrative services cost-effective, basing its charges principally on the hourly rates of its neutrals and of the LCIA's administrative staff, without reference to the sums in issue.
______________________
History of the LCIA
On 5 April 1883, the Court of Common Council of the City of London set up a committee to draw up proposals for the establishment of a tribunal for the arbitration of domestic and, in particular, of trans-national commercial disputes arising within the ambit of the City.
As The Law Quarterly Review (“LQR”) was to report at the inauguration of the tribunal a few years later:
"This Chamber is to have all the virtues which the law lacks. It is to be expeditious where the law is slow, cheap where the law is costly, simple where the law is technical, a peacemaker instead of a stirrer-up of strife.” *
Commercial interests were also seeking the adjudication of their disputes by their own; by a tribunal precisely familiar with the area of business in which the dispute had arisen, though this was not, of itself, a new idea. As the same LQR report commented:
"We have the germ of it …. in the old Court of Pied Poudre, in the aldermen arbitrators of the fifteenth century, in the committees of the Stock Exchange, Corn Exchange, Coal Exchange."
In 1884, the committee submitted its plan for a tribunal that would be administered by the City Corporation, with the co-operation of the London Chamber of Commerce. However, though the plan had arisen out of an identified and urgent need, it was to be put on ice pending the passing of the Arbitration Act of 1889.
In April 1891, the scheme was finally adopted and the new tribunal was named “The City of London Chamber of Arbitration”. It was to sit at the Guildhall in the City, under the administrative charge of an arbitration committee made up of members of the London Chamber and of the City Corporation.
The Chamber was formally inaugurated on 23 November 1892, in the presence of a large and distinguished gathering, which included the then President of the Board of Trade. Considerable interest was also shown both by the press and in legal commercial circles.
In April 1903, the tribunal was re-named the "London Court of Arbitration" and, two years later, the Court moved from the Guildhall to the nearby premises of the London Chamber of Commerce. The Court's administrative structure remained largely unchanged for the next seventy years.
In 1975, the Institute of Arbitrators (later the Chartered Institute) joined the other two administering bodies and the earlier arbitration committee became the "Joint Management Committee", reduced in size from the original twenty four members to eighteen, six representatives from each of the three organisations. The Director of the Institute of Arbitrators became the Registrar of the London Court of Arbitration.
In 1981, the name of the Court was changed to “The London Court of International Arbitration", to reflect the nature of its work, which was, by that time, predominantly international. New and innovative rules were also adopted that year.
In 1985, not far short of its centenary, new and innovative rules were promulgated and the LCIA Arbitration Court was established, marking the coming of age of the LCIA as an international institution.
In 1986, the LCIA became a private not-for-profit company, limited by guarantee, and fully independent of the three founding bodies. It then set about consolidating its position in the international arena, under the guidance of Sir Michael Kerr, the first President of the LCIA Court, and Bertie Vigrass, the first Registrar of the independent LCIA.
Sir Michael Kerr's illustrious successors in the role of President of the LCIA Court have, to date, been Professor Dr Karl-Heinz Böckstiegel (1994 - 1998), L Yves Fortier CC OQ QC (1998 - 2001), Professor Dr Gerold Herrmann (2001 - 2004), Jan Paulsson (2004 - 2010), Professor William W Park (2010 - present).
Cláusulas y Reglamentos
Cláusulas |
Reglamentos |
| Recommended Clause - Future disputes
For contracting parties who wish to have future disputes referred to arbitration under the LCIA Rules, the following clause is recommended. Words/spaces in square brackets should be deleted/completed as appropriate.
"Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be [one/three]. The seat, or legal place, of arbitration shall be [City and/or Country]. The language to be used in the arbitral proceedings shall be [ ]. The governing law of the contract shall be the substantive law of [ ]." Recommended Clause - Existing disputes
If a dispute has arisen, but there is no agreement between the parties to arbitrate, or if the parties wish to vary a dispute resolution clause to provide for LCIA arbitration, the following clause is recommended. Words/spaces in square brackets should be deleted/completed as appropriate.
"A dispute having arisen between the parties concerning [ ], the parties hereby agree that the dispute shall be referred to and finally resolved by arbitration under the LCIA Rules. The number of arbitrators shall be [one/three]. The seat, or legal place, of arbitration shall be [City and/or Country]. The language to be used in the arbitral proceedings shall be [ ]. The governing law of the contract [is/shall be] the substantive law of [ ]. " Mediation only Clause
“In the event of a dispute arising out of or relating to this contract, including my question regarding its existence, validity or termination, the parties shall first seek settlement of that dispute by mediation in accordance with the LCIA Mediation Rules, which Rules are deemed to be incorporated by reference into this clause.
If the dispute is not settled by mediation within [ ] days of the commencement of the mediation, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The language to be used in the mediation and in the arbitration shall be [ ]. The governing law of the contract shall be the substantive law of [ ]. In any arbitration commenced pursuant to this clause, (i) the number of arbitrators shall be [one/three]; and (ii) the seat, or legal place, of the arbitration shall be [City and/or Country].” Arbitration under the UNCITRAL Rules
“Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the UNCITRAL Arbitration Rules, which Rules are deemed to be incorporated by reference into this clause.
Any arbitration commenced pursuant to this clause shall be administered by the LCIA. The appointing authority shall be the LCIA. The LCIA schedule of costs shall apply, The number of arbitrators shall be [one/three]. The seat, or legal place of arbitration shall be [City and/or Country]. The language to be used in the arbitral proceedings shall be [ ]. The governing law of the contract shall be the substantive law of [ ].” Model Clauses in other languages
Please visit our website to download our model clauses in Chinese, French, German, Italian, Portuguese, and Spanish.
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Panelistas
The LCIA’s database is not publicly available. However, if the parties agree, once an arbitration has been commenced, the LCIA will provide both sides with a list of the names of arbitrators who it would be prepared to appoint to determine the dispute, from which the parties may seek to agree the arbitrator(s).
Otra información de interés
Organisation
The LCIA operates under a three-tier structure, comprising the Company, the Arbitration Court and the Secretariat.
The Director General of the LCIA fulfils the role of chief executive officer, with day-to-day responsibility of the conduct of the business of the LCIA, and is the principal point of contact between the institution and its Board and Court.
The Company
The LCIA is a not-for-profit company limited by guarantee. The LCIA Board, made up largely of prominent London-based arbitration practitioners, is principally concerned with the operation and development of the LCIA's business and with its compliance with applicable company law.
The Board does not have an active role in case administration, though it does maintain a close interest in the LCIA's administrative function, particularly through the Arbitration Court, whose members it appoints.
The Arbitration Court
The LCIA Court is made up of up to thirty five members, selected to provide and maintain a balance of leading practitioners in commercial arbitration, from the major trading areas of the world and of whom no more than six may be of UK nationality. In addition, former presidents are invited to become Honorary Vice Presidents, for so long as they may wish to remain in that role, and overseas bodies associated with the LCIA may be invited to nominate special delegates to the Court.
The LCIA Court is the final authority for the proper application of the LCIA rules. Its principal functions are the appointment of tribunals, the determination of challenges to arbitrators, and the control of costs. The functions of the LCIA Court are performed, in the name of the LCIA Court, by the President, by a Vice President or by a Division of the LCIA Court of three or five members, of whom one will be the President or a Vice President, or in the case of administrative functions, by the Registrar or Deputy Registrar.
The Secretariat
Headed by the Registrar, the casework Secretariat is based at the International Dispute Resolution Centre in London and is responsible for the day-to-day administration of all disputes referred to the LCIA.
LCIA case administration is highly flexible. All cases are allocated dedicated soft and hard copy files and account ledgers. Every case is monitored, but the level of administrative support adapts to the needs and wishes of the parties and the tribunal, and to the circumstances of each case.
The LCIA's administrative services are not confined to the conduct of arbitration and of a wide range of other ADR procedures under its own rules. It also acts as administrator in UNCITRAL-rules cases, and not merely as appointing authority, and provides a fundholding facility in otherwise ad hoc proceedings.
Other ADR Services
The LCIA does not publish separate rules for ADR, other than mediation; for example expert determination, early neutral evaluation, or adjudication. However, the LCIA regularly acts as appointing authority and administrator in such proceedings and the Secretariat will be pleased to provide draft clauses for these purposes, and to assist contracting parties with the drafting of such ADR procedures.
_____________________________
LCIA India
Launched in April 2009, LCIA India is the first independent subsidiary of the London Court of International Arbitration. Drawing upon the experience and expertise of LCIA, one of the longest-established arbitral institutions in the world, it offers all the services offered by the LCIA in the UK, and with the same care to ensure the expeditious, cost effective and totally neutral administration of arbitration and other forms of ADR conducted under its auspices, whether according to LCIA India's own rules, or the UNCITRAL rules, or any other procedures agreed by the parties.
DIFC | LCIA Arbitration Centre
The DIFC LCIA Arbitration Centre is founded on a strategic partnership between two institutions whose individual and complementary sets of strengths add great value to their association. The mission of this partnership is to promote more effective resolution of international business disputes through arbitration and mediation worldwide.
The Dubai International Financial Centre was established in 2004 as a financial centre to serve the region between Western Europe and East Asia. With its envious location at the crossroads of the major international capital markets of New York and London in the West, and Hong Kong in the East, Dubai is an onshore hub that connects the countries of this region through a 24x7 global network.
The LCIA operates under a three-tier structure, comprising the Company, the Arbitration Court and the Secretariat.
The Director General of the LCIA fulfils the role of chief executive officer, with day-to-day responsibility of the conduct of the business of the LCIA, and is the principal point of contact between the institution and its Board and Court.
The Company
The LCIA is a not-for-profit company limited by guarantee. The LCIA Board, made up largely of prominent London-based arbitration practitioners, is principally concerned with the operation and development of the LCIA's business and with its compliance with applicable company law.
The Board does not have an active role in case administration, though it does maintain a close interest in the LCIA's administrative function, particularly through the Arbitration Court, whose members it appoints.
The Arbitration Court
The LCIA Court is made up of up to thirty five members, selected to provide and maintain a balance of leading practitioners in commercial arbitration, from the major trading areas of the world and of whom no more than six may be of UK nationality. In addition, former presidents are invited to become Honorary Vice Presidents, for so long as they may wish to remain in that role, and overseas bodies associated with the LCIA may be invited to nominate special delegates to the Court.
The LCIA Court is the final authority for the proper application of the LCIA rules. Its principal functions are the appointment of tribunals, the determination of challenges to arbitrators, and the control of costs. The functions of the LCIA Court are performed, in the name of the LCIA Court, by the President, by a Vice President or by a Division of the LCIA Court of three or five members, of whom one will be the President or a Vice President, or in the case of administrative functions, by the Registrar or Deputy Registrar.
The Secretariat
Headed by the Registrar, the casework Secretariat is based at the International Dispute Resolution Centre in London and is responsible for the day-to-day administration of all disputes referred to the LCIA.
LCIA case administration is highly flexible. All cases are allocated dedicated soft and hard copy files and account ledgers. Every case is monitored, but the level of administrative support adapts to the needs and wishes of the parties and the tribunal, and to the circumstances of each case.
The LCIA's administrative services are not confined to the conduct of arbitration and of a wide range of other ADR procedures under its own rules. It also acts as administrator in UNCITRAL-rules cases, and not merely as appointing authority, and provides a fundholding facility in otherwise ad hoc proceedings.
Other ADR Services
The LCIA does not publish separate rules for ADR, other than mediation; for example expert determination, early neutral evaluation, or adjudication. However, the LCIA regularly acts as appointing authority and administrator in such proceedings and the Secretariat will be pleased to provide draft clauses for these purposes, and to assist contracting parties with the drafting of such ADR procedures.
_____________________________
LCIA India
Launched in April 2009, LCIA India is the first independent subsidiary of the London Court of International Arbitration. Drawing upon the experience and expertise of LCIA, one of the longest-established arbitral institutions in the world, it offers all the services offered by the LCIA in the UK, and with the same care to ensure the expeditious, cost effective and totally neutral administration of arbitration and other forms of ADR conducted under its auspices, whether according to LCIA India's own rules, or the UNCITRAL rules, or any other procedures agreed by the parties.
DIFC | LCIA Arbitration Centre
The DIFC LCIA Arbitration Centre is founded on a strategic partnership between two institutions whose individual and complementary sets of strengths add great value to their association. The mission of this partnership is to promote more effective resolution of international business disputes through arbitration and mediation worldwide.
The Dubai International Financial Centre was established in 2004 as a financial centre to serve the region between Western Europe and East Asia. With its envious location at the crossroads of the major international capital markets of New York and London in the West, and Hong Kong in the East, Dubai is an onshore hub that connects the countries of this region through a 24x7 global network.
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