SECTION I – INTRODUCTORY RULES
Article 1: Overriding Objectives
Article 2: Scope of Application
accordance with these Rules and in accordance with other guidelines issued by the LACIAC Court from time to time.
Article 3: Notice and calculation of periods of time
Article 4: Notice of arbitration
Article 5: Response to the notice of arbitration
Article 6: Registration Fee:
Article 7: Representation and assistance
Article 8: LACIAC Court as Appointing Authority
Article 9: Tribunal Registrar
SECTION II – COMPOSITION OF THE ARBITRAL TRIBUNAL
Article 10: Number of arbitrators
Article 11: Appointment of arbitrators (articles 11 to 13)
Article 14: Disclosure by arbitrators
Article 15: Challenge of arbitrators
Article 16: Procedure for challenge of arbitrators
Article 17: Replacement of an arbitrator
Article 18: 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 19: 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 in respect of any act or omission in connection with the arbitration.
SECTION III – FEES AND ADMINISTRATIVE EXPENSES
Article 20: 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 21: Fees and expenses of arbitrators
Article 22: Deposit of costs
SECTION IV – ARBITRAL PROCEEDINGS
Article 23: General Provisions
Article 24: Place of Arbitration
Article 25: Language
Article 26: Statement of Claim
Article 27: Statement of Defence
Article 28: 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 defense, 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 defense falls outside the jurisdiction of the arbitral tribunal.
Article 29: Pleas as to the jurisdiction of the arbitral tribunal
Article 30: Further written statements
The arbitral tribunal shall decide which further written statements, in addition to the statement of claim and the statement of defense, shall be required from the parties or may be presented by them and shall fix the periods of time for communicating such statements.
Article 31: 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 defense) should not exceed 45 days. However, the arbitral tribunal may extend the time limits if it concludes that an extension is justified.
Article 32: Interim measures
Article 33: Emergency Arbitrator
Article 34: Evidence
Article 35: Hearings
Article 36: Experts appointed by the arbitral tribunal
Article 37: Default
Article 38: Closure of hearings
Article 39: Waiver of right to object
A failure by any party to object promptly to any non-compli-ance with these Rules or with any requirement of the arbitra-tion 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 40: Applicable law, amiable compositeur
SECTION IV – THE AWARD
Article 41: Decisions
Article 42: Form and effect of the award
Article 43: Settlement or other grounds for termination
Article 44: Interpretation of the award
Article 45: Correction of the award
Article 46: Additional award
SECTION V – COSTS
Article 47: Definition of costs
Article 48: Allocation of costs and accounting
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.
COSTS AND FEES
Costs of the Emergency Arbitrator Proceedings
EMERGENCY ARBITRATOR RULES
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.