Zum Bücherregal
LexMea
Suche
BibliothekArbeitsbereich

LCIA Arb 2020  
LCIA Arbitration Rules 2020

14.8 Subject to Articles 14.9 to 14.15, and to any applicable law, an Arbitral Tribunal may obtain assistance from a tribunal secretary in relation to an arbitration. Under no circumstances may an Arbitral Tribunal delegate its decision-making function to a tribunal secretary. All tasks carried out by a tribunal secretary shall be carried out on behalf of, and under the supervision of, the Arbitral Tribunal which shall retain its responsibility to ensure that all tasks are performed to the standard required by the LCIA Rules.
14.9 Before assisting an Arbitral Tribunal, each tribunal secretary candidate shall sign a written declaration stating:
(i) whether there are any circumstances currently known to the candidate which are likely to give rise in the mind of any party to any justifiable doubts as to his or her impartiality or independence and, if so, specifying in full such circumstances in the declaration; and
(ii) whether the candidate is ready, willing and able to devote sufficient time, diligence and industry to ensure the expeditious and efficient conduct of the tasks to be performed by the tribunal secretary. The candidate shall furnish promptly such written declaration to the Arbitral Tribunal and to the Registrar.
14.10 An Arbitral Tribunal may only obtain assistance from a tribunal secretary once the tribunal secretary has been approved by all parties. A tribunal secretary is approved once:
(i) the parties have agreed the tasks that may be carried out by the tribunal secretary;
(ii) if an hourly rate is to be charged and the tribunal secretary is to be entitled to have expenses reimbursed, the parties have agreed to this hourly rate and entitlement to reimbursement;
(iii) the written declaration referred to in Article 14.9 has been provided to the parties; and
(iv) the parties have agreed to the particular person filling the role of tribunal secretary.
14.11 If additional tasks to those agreed under Article 14.10(i) are to be undertaken by the tribunal secretary, or the hourly rate to be charged by the tribunal secretary is to increase, the Arbitral Tribunal must obtain prior agreement from all parties.
14.12 A party will be deemed to have agreed to the matters set out in Articles 14.10 and 14.11 if that party has not objected within such reasonable time as is set by the Arbitral Tribunal.
14.13 Any fees charged by, or expenses reimbursed to, a tribunal secretary shall form a part of the Arbitration Costs determined by the LCIA Court (as to the amount of Arbitration Costs) under Article 28.1.
14.14 A tribunal secretary shall assume a continuing duty, until the arbitration is finally concluded, forthwith to disclose in writing any circumstances becoming known to that tribunal secretary after the date of his or her written declaration (under Article 14.9) which are likely to give rise in the mind of any party to any justifiable doubts as to his or her impartiality or independence, to be delivered to the LCIA Court, the Arbitral Tribunal and all parties in the arbitration.
14.15 A tribunal secretary may be removed by the Arbitral Tribunal at its discretion. Article 10 above shall also apply, with necessary changes, to any tribunal secretary.
Quelle: LCIA
Import: