SECTION I – INTRODUCTORY RULES
Article 1: Overriding Objectives
Article 2: Scope of Application
Article 3: Notice and calculation of periods of time
Article 4: Notice of arbitration
Article 5: Response to the notice of arbitration
Article 6: Representation and assistance
Article 7: LACIAC Court as Appointing Authority
SECTION II – COMPOSITION OF THE ARBITRAL TRIBUNAL
Article 8: Number of arbitrators
Article 9: Appointment of arbitrators (articles 9 to 11)
Article 12: Disclosure by arbitrators
Article 13: Challenge of arbitrators
Article 14: Procedure for challenge of arbitrators
Article 15: Replacement of an arbitrator
Article 16: Repetition of hearings in the Event of the Replacement of an Arbitrator
If an arbitrator is replaced, the proceedings shall resume at the stage where the arbitrator who was replaced ceased to perform his or her functions, unless the arbitral tribunal decides otherwise.
Article 17: Exclusion of liability
Save for intentional wrongdoing, the parties waive, to the fullest extent permitted under the applicable law, any claim against the arbitrators, the LACIAC Court and any person appointed by the arbitral tribunal based on any act or omission in connection with the arbitration.
SECTION III – ARBITRAL PROCEEDINGS
Article 18: General Provisions
Article 19: Place of Arbitration
Article 20: Language
Article 21: Statement of Claim
Article 22: Statement of Defence
Article 23: Amendments to the claim or defence
During the course of the arbitral proceedings, a party may amend or supplement its claim or defence, including a counterclaim or a claim for the purpose of a set-off, unless the arbitral tribunal considers it inappropriate to allow such amendment or supplement having regard to the delay in making it or prejudice to other parties or any other circumstances. However, a claim or defence, including a counterclaim or a claim for the purpose of a set-off, may not be amended or supplemented in such a manner that the amended or supplemented claim or defence falls outside the jurisdiction of the arbitral tribunal.
Article 24: Pleas as to the jurisdiction of the arbitral tribunal
Article 25: Further written statements
The arbitral tribunal shall decide which further written statements, in addition to the statement of claim and the statement of defence, shall be required from the parties or may be presented by them and shall fix the periods of time for communicating such statements.
Article 26: Periods of time
The periods of time fixed by the arbitral tribunal for the communication of written statements (including the statement of claim and statement of defence) should not exceed 45 days. However, the arbitral tribunal may extend the time limits if it concludes that an extension is justified.
Article 27: Interim measures
Article 28: Emergency Arbitrator
Article 29: Evidence
Article 30: Hearings
Article 31: Experts appointed by the arbitral tribunal
Article 32: Default
Article 33: Closure of hearings
Article 34: Waiver of right to object
A failure by any party to object promptly to any non-compliance with these Rules or with any requirement of the arbitration agreement shall be deemed to be a waiver of the right of such party to make such an objection, unless such party can show that, under the circumstances, its failure to object was justified.
Article 35: Applicable law, amiable compositeur
SECTION IV – THE AWARD
Article 36: Decisions
Article 37: Form and effect of the award
Article 38: Settlement or other grounds for termination
Article 39: Interpretation of the award
Article 40: Correction of the award
Article 41: Additional award
SECTION V – COSTS
Article 42: Definition of costs
Article 43: Registration Fee
Upon filing the request of arbitration, the claimant shall pay a registration fee amounting to US$250 (two hundred and fifty US dollars). The same amount shall be paid by the Respondent upon filing a counterclaim. If the registration fee is not paid upon filing the notice of arbitration or the counterclaim, the Centre shall not register the request or the counter claim.
The registration fee is non-refundable.
Article 44: Administrative Expenses
The administrative expenses of the LACIAC Court shall be determined based on the sum in dispute in accordance with Annex V. The sum in dispute shall be the aggregate value of all claims, counterclaims and set-offs. Where the sum in dispute cannot be ascertained, the LACIAC Court shall determine the administrative expenses taking all relevant circumstances into account.
Article 45: Fees and expenses of arbitrators
Article 46: Allocation of costs
Article 47: Deposit of costs
ANNEX III FAST TRACK ARBITRATION RULES
Where parties have agreed that disputes shall be referred to arbitration under the LACIAC Fast Track Arbitration Rules (the “Fast Track Rules“), then such disputes shall be settled in accordance with these Fast Track Rules. These Fast Track Rules are supplemental to and should be read in conjunction with the LACIAC Rules. Where a conflict arises between the LACIAC Rules and the Fast Track Rules, the Fast Track Rules will apply. References below to ‘article‘ shall be to the provisions of the LACIAC Rules.
ANNEX IV MEDIATION RULES
ANNEX V COSTS AND FEES
Costs of the Emergency Arbitrator Proceedings
ANNEX VIEMERGENCY ARBITRATOR RULES
ANNEX VIIMODEL CLAUSES
Parties wishing possible future disputes to be referred to arbitration under the LACIAC Rules should adopt the following clause. Words and/or spaces in square brackets should be deleted or completed as appropriate.
Standard Model Arbitration Clause
“Any dispute, controversy or claim arising out of or in relation to this agreement, including any question regarding its breach, existence, validity or termination or the legal relationships established by this agreement, shall be finally resolved by arbitration under the LACIAC Arbitration Rules, which Rules are deemed to be incorporated by reference into this clause. It is agreed that:
Short Form Model Arbitration Clause
“Any dispute, controversy or claim arising out of or in relation to this agreement, including any question regarding its breach, existence, validity or termination or the legal relationships established by this agreement, shall be finally resolved by arbitration under the LACIAC Arbitration Rules, which Rules are deemed to be incorporated by reference into this clause5.”
Model Multi-tiered Arbitration Clause
“In the event of a dispute, controversy or claim arising out of or relating to this agreement, including any question regarding its breach, existence, validity or termination or the legal relationships established by this agreement, the parties shall seek settlement of that dispute by mediation in accordance with the LACIAC Mediation Rules, which Rules are deemed to be incorporated by reference into this clause.”
If a dispute has already arisen, but there is no agreement between the parties to mediate and/or to arbitrate, the parties may enter into an agreement for those purposes. In such cases, please contact the LACIAC Secretariat if recommended wording is required.
MODIFICATIONS TO RECOMMENDED CLAUSES
The LACIAC Secretariat will be pleased to discuss any modifications to these model clauses. For example, to provide for expedited procedures.
OTHER FORMS OF ADR
Recommended clauses and procedures for expert determination for adjudication and other forms of ADR, to be administered by LACIAC, or in which LACIAC is to act as appointing authority, are available on request from the LACIAC Secretariat.