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LCIA Arb 2020 LCIA Arbitration Rules 2020
2.1 Within 28 days of the Commencement Date, or such lesser or greater period to be determined by the LCIA Court upon application by any party or upon its own initiative (pursuant to Article 22.5), the Respondent shall deliver to the Registrar a written response to the Request (the “Response"), containing or accompanied by:
(i) the Respondent’s full name, nationality and all contact details (including email address, postal address and telephone number) for the purpose of receiving delivery of all documentation in the arbitration in accordance with Article 4 and the same particulars of its authorised representatives (if any);
(ii) confirmation or denial of all or part of the claim advanced by the Claimant in the Request, including the Claimant’s invocation of the Arbitration Agreement in support of its claim;
(iii) if not full confirmation, a statement briefly summarising the nature and circumstances of the dispute, its estimated monetary amount or value, the transaction(s) at issue and the defence advanced by the Respondent, and also indicating any counterclaim advanced by the Respondent against any Claimant and any cross-claim against any other Respondent;
(iv) a response to any statement of procedural matters for the arbitration contained in the Request under Article 1.1(iv), including the Respondent’s own statement relating to the arbitral seat, the language(s) of the arbitration, the number of arbitrators, their qualifications and identities and any other procedural matter upon which the parties have already agreed in writing or in respect of which the Respondent makes any proposal under the Arbitration Agreement;
(v) if the Arbitration Agreement (or any other written agreement) howsoever calls for party nomination of arbitrators, the full name, email address, postal address and telephone number of the Respondent's nominee; and
(vi) confirmation that copies of the Response (including all accompanying documents) have been or are being delivered to all other parties to the arbitration in accordance with Article 4 by one or more means of delivery to be identified specifically in such confirmation, to be supported then or as soon as possible thereafter by documentary proof satisfactory to the LCIA Court of actual delivery (including the date of delivery) or, if actual delivery is demonstrated to be impossible to the LCIA Court’s satisfaction, sufficient information as to any other effective form of notification.
2.2 Where the Request is a composite Request, the Respondent may serve a composite Response in respect of all or any of the arbitrations, provided that the requirements of Article 2.1 are complied with to the satisfaction of the LCIA Court in respect of each arbitration to which the Response responds. In particular, in any composite Response the Respondent must identify separately the estimated monetary amount or value in dispute, the transaction(s) at issue and the defence, counterclaim or cross-claim advanced by the Respondent against any other party to each arbitration.
2.3 The Response (including all accompanying documents) shall be submitted to the Registrar in electronic form in accordance with Article 4.1.
2.4 Failure to nominate or propose any arbitrator candidate within the time for delivery of a Response or such other time period as is agreed by the parties shall constitute an irrevocable waiver of that party's opportunity to nominate or propose any arbitrator candidate. Failure to deliver any or any part of a Response within time or at all shall not (by itself) preclude the Respondent from denying any claim or from advancing any defence, counterclaim or cross-claim in the arbitration.
2.5 Subject to Article 2.4, at any time prior to the appointment of the Arbitral Tribunal the LCIA Court may allow a party to supplement, modify or amend its Response to correct any error in computation, any clerical or typographical error, any ambiguity or any mistake of a similar nature, after giving the parties a reasonable opportunity to state their views and upon such terms as the LCIA Court may decide.
2.6 There may be one or more Respondents (whether or not jointly represented); and in such event, where appropriate, the term “Respondent” shall be so interpreted under the Arbitration Agreement.
Quelle: LCIA
Import: