What types of dispute are arbitrated by LMAA arbitrators?
LMAA arbitrators most commonly find themselves dealing with charterparty disputes of all kinds. They are also called on to deal with other commercial shipping disputes such as cargo claims under bills of lading, matters concerning contracts of affreightment, ship sale, shipbuilding and ship repair cases, and insurance. The offshore and oil and gas industries increasingly give rise to disputes which come to LMAA arbitrators.
LMAA arbitration is not, however, generally used for “wet” cases, i.e. collision and salvage matters. These tend to be dealt with by specialist Admiralty barristers acting as arbitrators.
What are the LMAA Terms 2021?
The LMAA Terms 2021 are the Terms on the basis of which LMAA members usually accept appointment in maritime cases. They will thus apply to the reference if e.g. the other arbitrator is a Full Member or has accepted on those Terms. The Terms have been altered from time to time over the years: the 2021 version is the current one.
The Terms set out the basis on which members of the LMAA agree to act as arbitrators in maritime cases. Reference should be made to them for details of their provisions. In outline, they enlarge upon and in some instances vary the “default” provisions of the Arbitration Act 1996, and make particular provision for tribunals’ fees (the First Schedule), the standard procedure to be adopted in LMAA arbitrations (the Second Schedule), a Questionnaire (the Third Schedule) a Checklist to be used for preliminary meetings (the Forth Schedule), for the reconstitution of a tribunal in the event that one or more members cannot offer reasonably early dates for an oral hearing (the Fifth Schedule) and for the conduct of virtual and semi-virtual hearings (the Sixth Schedule).