THE LONDON MARITIME ARBITRATORS ASSOCIATION
THE LMAA TERMS
(2006)
Effective for appointments on and after 1st January 2006
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THE LMAA TERMS (2006)
PRELIMINARY
1. These Terms may be referred to as “the LMAA Terms (2006)”.
2. In these Terms, unless the context otherwise requires,
(i) “the Association” means the London Maritime Arbitrators Association;
“Member of the Association” includes full, retired and supporting members;
“President” means the President for the time being of the Association or, where he cannot act,
such other member of the Committee of the Association as he may designate;
(ii) “tribunal” includes a sole arbitrator, a tribunal of two or more arbitrators, and an umpire;
(iii) “original arbitrator” means an arbitrator appointed (whether initially or by substitution) by or
at the request of a party as its nominee and any arbitrator duly appointed so to act following
failure of a party to make its own nomination.
3. The purpose of arbitration according to these Terms is to obtain the fair resolution of maritime
and other disputes by an impartial tribunal without unnecessary delay or expense. The
arbitrators at all times are under a duty to act fairly and impartially between the parties and
an original arbitrator is in no sense to be considered as the representative of his appointor.
APPLICATION
4. These Terms apply to arbitral proceedings commenced on or after 1st January 2006. Section
14 of the Arbitration Act 1996 (“the Act”) shall apply for the purpose of determining on what
date arbitral proceedings are to be regarded as having commenced.
5. These Terms shall apply to an arbitration agreement whenever the parties have agreed that
they shall apply and the parties shall in particular be taken to have so agreed:
(a) whenever the dispute is referred to a sole arbitrator who is a full Member of the
Association and whenever both the original arbitrators appointed by the parties are full
Members of the Association, unless both parties have agreed or shall agree otherwise;
(b) whenever a sole arbitrator or both the original arbitrators have been appointed on the
basis that these Terms apply to their appointment.
Whenever a sole arbitrator or both the original arbitrators have been appointed on the basis
referred to at (b), such appointments or the conduct of the parties in taking part in the
arbitration thereafter shall constitute an agreement between the parties that the arbitration
agreement governing their dispute has been made or varied so as to incorporate these Terms
and shall further constitute authority to their respective arbitrators so to confirm in writing on
their behalf.
6. In the absence of any agreement to the contrary the parties to all arbitral proceedings to
which these Terms apply agree:
(a) that the law applicable to their arbitration agreement is English law; and
(b) that the seat of the arbitration is in England.
7. (a) Subject to paragraph (b), the arbitral proceedings and the rights and obligations of the
parties in connection therewith shall be in all respects governed by the Act save to the
extent that the provisions of the Act are varied, modified or supplemented by these Terms.
(b) Where the seat of the arbitration is outside England and Wales the provisions of these
Terms shall nevertheless apply to the arbitral proceedings, save to the extent that any
mandatory provisions of the law applicable to the arbitration agreement otherwise
provide.
THE ARBITRAL TRIBUNAL
8. If the tribunal is to consist of three arbitrators:
(a) each party shall appoint one arbitrator not later than 14 days after service of a request in
writing by either party to do so;
(b) the two so appointed may at any time thereafter appoint a third arbitrator so long as they
do so before any substantive hearing or forthwith if they cannot agree on any matter
relating to the arbitration, and if the two said arbitrators do not appoint a third within 10
working days of one calling upon the other to do so, the President shall, on the application
of either arbitrator or of a party, appoint the third arbitrator;
(c) the third arbitrator shall be the chairman unless the parties shall agree otherwise;
(d) before the third arbitrator has been appointed or if the position has become vacant, the
two original arbitrators, if agreed on any matter, shall have the power to make decisions,
orders and awards in relation thereto;
(e) after the appointment of the third arbitrator decisions, orders or awards shall be made by
all or a majority of the arbitrators;
(f) the view of the chairman shall prevail in relation to a decision, order or award in respect
of which there is neither unanimity nor a majority under paragraph (e).
9. If the tribunal is to consist of two arbitrators and an umpire:
(a) each party shall appoint one arbitrator not later than 14 days after service of a request in
writing by either party to do so;
(b) the two so appointed may appoint an umpire at any time after they themselves are
appointed and shall do so before any substantive hearing or forthwith if they cannot agree
on any matter relating to the arbitration, and if the two said arbitrators do not appoint an
umpire within 10 working days of one calling upon the other to do so, the President shall,
on the application of either arbitrator or of a party, appoint the umpire;
(c) the umpire shall attend any substantive hearing and shall following his appointment be
supplied with the same documents and other materials as are supplied to the other
arbitrators;
(d) the umpire may take part in the hearing and deliberate with the original arbitrators;
(e) decisions, orders and awards shall be made by the original arbitrators unless and until
they cannot agree on a matter relating to the arbitration. In that event they shall forthwith
give notice in writing to the parties and the umpire, whereupon the umpire shall replace
them as the tribunal with power to make decisions, orders and awards as if he were the
sole arbitrator.
JURISDICTION
10. Notwithstanding the terms of any appointment of an arbitrator, unless the parties otherwise
agree the jurisdiction of the tribunal shall extend to determining all disputes arising under or
in connection with the transaction the subject of the reference, and each party shall have the
right before the tribunal makes its award (or its last award, if more than one is made in a
reference) to refer to the tribunal for determination any further dispute(s) arising subsequently
to the commencement of the arbitral proceedings.
TRIBUNAL’S FEES
11. Provisions regulating fees payable to the tribunal and other related matters are set out in the
First Schedule. Save as therein or herein otherwise provided, payment of the tribunal’s fees
and expenses is the joint and several responsibility of the parties. An arbitrator or umpire shall
be entitled to resign from a reference in the circumstances set out in paragraph (C) of the First
Schedule.
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ARBITRATION PROCEDURE
12. (a) It shall be for the tribunal to decide all procedural and evidential matters subject to the
right of the parties to agree any matter. However, the normal procedure to be adopted is
as set out in the Second Schedule.
(b) In the absence of agreement it shall be for the tribunal to decide whether and to what
extent there should be oral or written evidence or submissions in the arbitration. The
parties should however attempt to agree at an early stage whether the arbitration is to be
on documents alone (i.e. without a hearing) or whether there is to be an oral hearing.
INTERLOCUTORY PROCEEDINGS
13. (a) In all cases the procedure set out in paragraphs 1 to 14 of the Second Schedule should
be adopted.
(b) Applications for directions should not be necessary but, if required, they should be made
in accordance with the Second Schedule.
(c) Arbitrations on documents alone
Following completion of the steps covered by paragraphs 1 to 4 of the Second Schedule,
if it has been or is then determined by the tribunal or agreed by the parties that the case
is to be dealt with on documents alone, the tribunal will then give notice to the parties of
its intention to proceed to its award and will so proceed unless either party within seven
days requests, and is thereafter granted, leave to serve further submissions and/or
documents.
(d) Oral hearings
If it is determined or agreed that there shall be an oral hearing, then following the fixing of
the hearing date a booking fee will be payable in accordance with the provisions of the
First Schedule.
POWERS OF THE TRIBUNAL
14. In addition to the powers set out in the Act, the tribunal shall have the following specific
powers to be exercised in a suitable case so as to avoid unnecessary delay or expense, and
so as to provide a fair means for the resolution of the matters falling to be determined:
(a) The tribunal may limit the number of expert witnesses to be called by any party or may
direct either that no expert be called on any issue(s) or that no expert evidence shall be
called save with the leave of the tribunal.
(b) Where two or more arbitrations appear to raise common issues of fact or law, the tribunals
may direct that the two or more arbitrations shall be conducted with and heard
concurrently. Where such an order is made, the tribunals may give such directions as the
interests of fairness, economy and expedition require including:
(i) that the documents disclosed by the parties in one arbitration shall be made available
to the parties to the other arbitration upon such conditions as the tribunals may
determine;
(ii) that the evidence given in one arbitration shall be received and admitted in the other
arbitration, subject to all parties being given a reasonable opportunity to comment
upon it and subject to such other conditions as the tribunals may determine.
(c) If a party fails to comply with a peremptory order of the tribunal to provide security for
costs, then without prejudice to the power granted by section 41(6) of the Act, the tribunal
shall have power to stay that party’s claim or such part of it as the tribunal thinks fit in its
sole discretion.
PRELIMINARY MEETINGS
15. (a) The tribunal may decide at any stage that the circumstances of the arbitration require that
there should be a preliminary meeting to enable the parties and the tribunal to review the
progress of the case; to reach agreement so far as possible upon further preparation for,
and the conduct of the hearing; and, where agreement is not reached, to enable the
tribunal to give such directions as it thinks fit.
(b) A preliminary meeting should be held in complex cases including most cases involving a
hearing of more than five days’ duration. Exceptionally more than one preliminary meeting
may be required.
(c) All preliminary meetings (whether required by the tribunal or held on the application of the
parties) should be preceded by a discussion between the parties’ representatives who
should attempt to identify matters for discussion with the tribunal, attempt to reach
agreement so far as possible on the directions to be given, and prepare for submission to
the tribunal an agenda of matters for approval or determination by it.
(d) Before the preliminary meeting takes place the parties should provide the tribunal with a
bundle of appropriate documents, together with information sheets setting out the steps
taken and to be taken in the arbitration, a list of any proposed directions whether agreed
or not and an agenda of matters for discussion at the hearing. The information sheets
should include estimates of readiness for the hearing and the likely duration of the
hearing.
(e) There is set out in the Third Schedule a guidance document indicating topics which may
be appropriate for consideration before and at the preliminary hearing.
SETTLEMENT
16. It is the duty of the parties (a) to notify the tribunal immediately if the arbitration is settled or
otherwise terminated (b) to make provision in any settlement for payment of the fees and
expenses of the tribunal and (c) to inform the tribunal of the parties’ agreement as to the
manner in which payment will be made of any outstanding fees and expenses of the tribunal,
e.g. for interlocutory work not covered by any booking fee paid. The same duty arises if the
settlement takes place after an interim award has been made. Upon being notified of the
settlement or termination of any matter the tribunal may dispose of the documents relating to it.
17. Any booking fee paid will be dealt with in accordance with the provisions of paragraph
(D)(1)(d) of the First Schedule. Any other fees and expenses of the tribunal shall be settled
promptly and at latest within 28 days of presentation of the relevant account(s).
Notwithstanding the terms of any settlement between them the parties shall remain jointly and
severally responsible for all such fees and expenses of the tribunal until they have been paid
in full.
ADJOURNMENT
18. If a case is for any reason adjourned part-heard, the tribunal will be entitled to an interim
payment, payable in equal shares or otherwise as the tribunal may direct, in respect of fees
and expenses already incurred, appropriate credit being given for the booking fee.
AVAILABILITY OF ARBITRATORS
19. (a) In cases where it is known at the outset that an early hearing is essential, the parties
should consult and ensure the availability of the arbitrator(s) to be appointed by them.
(b) If, in cases when the tribunal has already been constituted, the fixture of an acceptable
hearing date is precluded by the commitments of the original appointee(s), the provisions
of the Fourth Schedule shall apply.
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THE AWARD
20. The time required for preparation of an award must vary with the circumstances of the case.
The award should normally be available within not more than six weeks from the close of the
proceedings. In many cases, and in particular where the matter is one of urgency, the interval
should be substantially shorter.
21. The members of a tribunal need not meet together for the purpose of signing their award or
of effecting any corrections thereto.
22. (a) An award will contain the reasons for it unless the parties agree otherwise.
(b) The parties may agree to dispense with reasons in which case notice shall be given to the
tribunal before the award is made. [Note: the effect of such agreement is to exclude the
court’s jurisdiction under Section 69 of the Act to determine an appeal on a question of
law arising out of the award; see Section 69(1)]
(c) Where in accordance with paragraph (b) the parties have agreed to dispense with reasons
the tribunal will issue an award without reasons together with a document which does not
form part of the award but which gives, on a confidential basis, an outline of the reasons
for the tribunal’s decision (hereafter called “privileged reasons”).
(d) Unless the court shall otherwise determine, the document containing privileged reasons
(referred to in paragraph (c)) may not be relied upon or referred to by either party in any
proceedings relating to the award.
23. As soon as possible after an award has been made it shall be notified to the parties by the
tribunal serving on them a notice in writing which shall inform the parties of the amount of the
fees and expenses of the tribunal and which shall indicate that the award is available for
sending to or collection by the parties upon full payment of such amount. At the stage of
notification neither the award nor any copy thereof need be served on the parties and the
tribunal shall be entitled thereafter to refuse to deliver the award or any copy thereof to the
parties except upon full payment of its fees and expenses.
24. If any award has not been paid for and collected within one month of the date of publication,
the tribunal may give written notice to either party requiring payment of the costs of the
award, whereupon such party shall be obliged to pay for and collect the award within fourteen
days.
25. (a) In addition to the powers set out in Section 57 of the Act, the tribunal shall have the
following powers to correct an award or to make an additional award:
(i) The tribunal may on its own initiative or on the application of a party correct any
accidental mistake, omission or error of calculation in its award.
(ii) The tribunal may on the application of a party give an interpretation of a specific point
or part of the award.
(b) An application for the exercise of the powers set out above and in Section 57 of the Act
must be made within 28 days of the award unless the tribunal shall think fit to extend the
time.
(c) The powers set out above shall not be exercised without first affording the other parties
a reasonable opportunity to make representations to the tribunal.
(d) Any correction or interpretation of an award may be effected in writing on the original
award or in a separate memorandum which shall become part of the award. It shall be
effected within 90 days of the date of the original award unless all parties shall agree a
longer period.
26. If the tribunal considers that an arbitration decision merits publication and gives notice to the
parties of its intention to release the award for publication, then unless either or both parties
inform the tribunal of its or their objection to publication within 21 days of the notice, the
award may be publicised under such arrangements as the Association may effect from time
to time. The publication will be so drafted as to preserve anonymity as regards the identity
of the parties, of their legal or other representatives, and of the tribunal.
SERVICE OF DOCUMENTS
27. Where a party is represented by a lawyer or other agent in connection with any arbitral
proceedings, all notices or other documents required to be given or served for the purposes
of the arbitral proceedings together with all decisions, orders and awards made or issued by
the tribunal shall be treated as effectively served if served on that lawyer or agent.
GENERAL
28. Three months after the publication of a final award the tribunal may notify the parties of its
intention to dispose of the documents and to close the file, and it will act accordingly unless
otherwise requested within 21 days of such notice being given.
29. In relation to any matters not expressly provided for herein the tribunal shall act in accordance
with the tenor of these Terms.
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THE FIRST SCHEDULE
TRIBUNAL’S FEES
(A) Appointment fee
An appointment fee is payable on appointment by the appointing party or by the party at
whose request the appointment is made. The appointment fee shall be a standard fee fixed
by the Committee of the Association from time to time*. Unless otherwise agreed, the
appointment fee of an umpire or third arbitrator shall in the first instance be paid by the
claimant, and the appointment fee of an agreed sole arbitrator shall be paid by each party in
equal shares.
(B) Interim fees
An arbitrator may in his discretion require payment of his fees to date (which expression shall
for these purposes include any expenses) at appropriate intervals (which shall be not less
than three months). Any such demand for payment shall be addressed to the arbitrator’s
appointing party and shall be copied to any other member of the tribunal and other parties.
A third arbitrator or umpire shall require payment from the parties in equal shares. Any such
demand for payment is without prejudice (a) to ultimate liability for the fees in question and
(b) to the parties’ joint and several liability therefor.
(C) Right to resign for non-payment
If any amount due under (A) or (B) above remains unpaid for more than 28 days after payment
has been demanded, the arbitrator in his sole discretion may give written notice to his
appointor and to the other parties and arbitrators that he will resign his appointment if such
amount still re
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