Agreeing to LCIA Arbitration

The London Court of International Arbitration (“LCIA”) oversees cases where there is an agreement between the parties to refer the dispute to the LCIA. If one party wishes to refer a dispute to the LCIA, but the other does not consent, the LCIA has no jurisdiction to determine the dispute.

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LCIA Arbitration Clause

Future disputes

The LCIA has recommended the following language for contracting parties who wish to have future disputes referred to arbitration under the LCIA:

“Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause.

The number of arbitrators shall be [one/three].

The seat, or legal place, of arbitration shall be [City and/or Country].

The language(s) to be used in the arbitral proceedings shall be [ ].

The governing law of the contract shall be the substantive law of [ ].”

Existing disputes

According to the LCIA website, “if a dispute has arisen, but there is no pre-existing agreement between the parties to arbitrate, or if the parties wish to vary a dispute resolution clause to provide for LCIA arbitration, the following clause is recommended”:

“A dispute having arisen between the parties concerning [ ], the parties hereby agree that the dispute shall be referred to and finally resolved by arbitration under the LCIA Rules.

The number of arbitrators shall be [one/three].

The seat, or legal place, of arbitration shall be [City and/or Country].

The language(s) to be used in the arbitral proceedings shall be [ ].

The governing law of the contract [is/shall be] the substantive law of [ ].”