London Maritime Arbitrators' Association (LMAA) - National Arbitration Institution - World Arbitration Reporter (WAR) - 2nd Edition

Fionna Gavin is a Partner at Ince & Co LLP and is practicing primarily in the fields of shipping and international trade. Fionna.gavin@incelaw.com.

Reema Shour is the Ince & Co Professional Support Lawyer for dry shipping and international trade and commodities. Reema.shour@incelaw.com

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Originally from World Arbitration Reporter (WAR) - 2nd Edition

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I. BASIC INFORMATION

A. History and Background of the Institution

The English legal system has a history of dealing with maritime disputes dating back hundreds of years and resulting in a highly significant amount of case law and legal theory in this area. This experience has led to a natural development of specialist shipping lawyers, judges and an English Admiralty Court dedicated to maritime disputes. Furthermore, the maritime world has historically welcomed arbitration as a preferred method of resolving its disputes in an effective and commercial manner. This attitude on the part of the international shipping community continues to be reflected in the significant number of shipping contracts which incorporate a clause or clauses providing for English law and London arbitration.

Whilst there are many international and regional institutions for arbitration, for example the Court of Arbitration of the International Chamber of Commerce (ICC), the London Court of International Arbitration (LCIA) and the Hong Kong / Singapore International Arbitration Centres (HKIAC/SIAC), the shipping industry has usually resorted to its own specific and specialised arbitration institutions and for the majority of worldwide maritime disputes, the parties opt for arbitral in London, in accordance with the rules of the London Maritime Arbitrators Association (LMAA).

The LMAA website, www.lmaa.org.uk, states one of the Association’s principal objectives as being to “advance and encourage the professional knowledge of London maritime arbitrators and, by recommendation and advice, to assist the expeditious procedure and disposal of disputes”.

The LMAA was founded in 1960 by a group of shipbrokers at the Baltic Exchange who were on the Exchange’s approved list of arbitrators. With the assistance and encouragement of the Exchange, these brokers formed a new organisation dedicated to maritime arbitration and made themselves available for appointment as maritime arbitrators.

Table of Contents:

LONDON MARITIME ARBITRATORS’ ASSOCIATION (LMAA)

I. BASIC INFORMATION

A. History and Background of the Institution

B. The Role of the Association in LMAA arbitrations

C. Membership of the Association

D. Arbitration Act 1996

II. ARBITRATION PROCEDURE BEFORE THE LMAA

A. Four Types of Arbitration Conducted by the LMAA

1. Arbitration conducted under the LMAA Terms (2006)

a) Introduction

b) Model Clause

c) Commencement of arbitration / appointment of arbitrators

d) Summary of arbitration procedure

2. LMAA Small Claims Procedure (2006) ("SCP")

a) Introduction

b) Commencement of arbitration / appointment of arbitrator

c) Summary of SCP procedure

3. Fast and Low Cost Arbitration ("FALCA") Rules

a) Introduction

b) Commencement of proceedings / appointment of arbitrator

c) Summary of procedure

4. The LMAA Intermediate Claims Procedure (2009) ("ICP")

a) Introduction

b) Model Clause

c) Commencement of arbitration / appointment of arbitrators

d) Summary of procedure

e) Fees

B. Appeals to the Court

1. Error of law

2. Serious irregularity

3. Lack of jurisdiction

4. Enforcement of award

C. Time Limits

D. The Primacy of London Maritime Arbitration in International Shipping Dispute Resolution

III. APPENDIX

A. Rules of the LMAA