Ken Mclean
In an effort to control the spiraling delays and costs that can occur during the course of an arbitration the London Maritime Arbitrators Association (LMAA) have issued new Guidelines on Procedures which LMAA arbitrators will apply in all but exceptional cases.
Key amongst them are requirements: to avoid uncertainty and minimize delay, to consider if it is necessary for all witnesses of fact to give evidence and to provide a breakdown of anticipated costs for individual activities – solicitors, consultants, counsel, and experts, including the charge out rates applied by each.
When asked; Ken McLean – Marine Engineer and Arbitrator said:
“These guidelines are very welcome, they will assist in effective case management and meet the desires of solicitors who are now embracing the Jackson reforms in the courts and who wish the tribunal to hold direction hearings and produce a procedural timetable.
We will have to bear in mind that tribunals do have a focus on limiting evidence and costs, not allowing fishing expeditions and trying to keep the volume of disclosure to a minimum. But there is concern of an appeal on grounds of unfairness and the inclination is to respect the autonomy of the parties and allow the arbitration to proceed in the way the parties wish to present their cases.”
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