Shawn Kirby
Shawn is a Partner in Wikborg Rein’s London office with particular focus on complex contractual disputes in the energy and maritime fields.
He receives instructions from a wide range of jurisdictions and clients, including energy contractors and companies, shipowners, shipyards, charterers, insurers and P&I Clubs. Shawn’s practice encompasses LMAA, LCIA, ICC, SIAC, and ad hoc arbitrations as well as English court proceedings.
He is dual-qualified as an English solicitor and as a barrister and solicitor in New Zealand.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2004
Membership
- Law Society of England & Wales
Education
- LLB (Hons) / B.Com (Hons)
- University of Otago
6 Contributions by Shawn Kirby
PRACTICE NOTES
Guide to LMAA Arbitration: Background, Structure, and the 2021 Terms under English Law (Arbitration Act 1996), with Small and Intermediate Claims and Fast and Low Cost Rules
The LMAA
The London Maritime Arbitrators Association (LMAA) was established on 12 February 1960 after a meeting of arbitrators from the Baltic Exchange Approved List, yet it claims a heritage and practices extending back over three centuries. From the outset, it was conceived as an association of individuals who regularly, and with reasonable frequency, acted as arbitrators in London maritime disputes, either sitting alone or alongside other LMAA members (see the LMAA Guidelines for Full Membership). As an organisation, the LMAA operates without a secretariat and does not administer arbitrations brought under the LMAA Terms 2021 (the Terms); that responsibility lies with the arbitrators and, to some extent, the parties. This streamlined arrangement can facilitate rapid formation of tribunals and lower overall costs when set against arbitration conducted under other well-known sets of international arbitration rules...
Arbitration
PRACTICE NOTES
LMAA 2021 Terms: Costs Awards, Disclosure, Capping and Security for Parties and Tribunal (Arbitration Act 1996)
LMAA Terms 2021
The London Maritime Arbitrators Association (LMAA) Terms 2021 (the Terms) govern arbitrations begun on or after 1 May 2021 where the parties have agreed to their use by agreement between them. They supersede the LMAA Terms 2017, which apply to arbitrations commenced between 1 May 2017 and 30 April 2021. The Terms impose an express duty on both the parties and the tribunal to 'actively consider ways to make the arbitral process as cost-effective and efficient as possible' (Second Schedule, paragraph 13). Among other things, this entails the parties following the procedures in the Second and Fourth Schedules, unless a different course can be justified on efficiency grounds in the particular case. The overall cost of an LMAA arbitration may vary considerably, reflecting the nature of the dispute and the conduct of both the parties and the tribunal. In contrast to many other arbitral rule-sets, no central institution exists to administer the Terms, and therefore there are no institutional overheads to fund. Aside from their own legal costs and disbursements, the parties pay fees only to the arbitrators themselves, save for some administrative fees payable to the LMAA in limited, defined circumstances...
Arbitration
PRACTICE NOTES
LMAA arbitrations: documentary disclosure, witness and expert evidence under the 2021 Terms
The London Maritime Arbitrators Association (LMAA) Terms 2021 (the Terms) govern arbitrations begun on or after 1 May 2021 where the parties have agreed to their use. The Terms superseded the 2017 edition (LMAA Terms 2017), which apply to arbitrations started between 1 May 2017 and 30 April 2021.
Documentary evidence
Submissions ought to be filed with supporting material that is pertinent to the issues (Second Schedule, paragraph 1(c)). This is usually confined to the relevant contractual papers and principal items of correspondence or reports. A fuller exchange of relevant documents typically follows the completion of LMAA Questionnaires (see Practice Note: LMAA—commencement and arbitration procedure), although either party may seek disclosure of relevant material at any point (paragraph 9 of the Second Schedule). Where the parties cannot agree, the tribunal will determine the scope of disclosure to be provided. The Terms also set out general guidance on the ambit of disclosure (paragraph 9 of the Second Schedule): parties will not, as a rule, be required to provide broader disclosure than that required by the courts in practice...
Arbitration
PRACTICE NOTES
LMAA awards under the 2021 Terms: timing, reasons, electronic signatures, fees, correction/clarification, anonymised publication and appeals under the Arbitration Act 1996
The London Maritime Arbitrators Association (LMAA) Terms 2021 (the Terms) govern arbitrations begun on or after 1 May 2021 where the parties have agreed to their use. They superseded the 2017 edition (LMAA Terms 2017), which governs arbitrations started between 1 May 2017 and 30 April 2021. Securing an enforceable award is the core objective of any arbitration; accordingly, care must be taken to ensure any award issued conforms with the rules under which it is made. That focus makes it vital the procedure and award align with the governing rules. For general guidance on awards, see: AA 1996—the arbitral award—England and Wales—overview.
Timing of awards
Under the Terms, tribunals are expected, in ordinary circumstances, to make awards available no later than six weeks after the close of proceedings, and in many matters—especially urgent ones—the period should be markedly shorter (paragraph 23). In reality this is aspirational guidance rather than a hard deadline. These targets are indicative, not prescriptive, and shaped by complexity. Actual delivery depends heavily on the tribunal’s availability and the complexity of the dispute. That said, most awards are released within three months of the close of proceedings, and a significant number are delivered within six weeks...
Arbitration
PRACTICE NOTES
London Maritime Arbitration under the LMAA Terms 2021: Commencement, Procedural Timetable, Case Management and Hearings
The London Maritime Arbitrators Association (LMAA) Terms 2021 (the Terms)
Where the parties agree, the London Maritime Arbitrators Association (LMAA) Terms 2021 (the Terms) govern arbitrations commenced on or after 1 May 2021. These Terms replaced the LMAA Terms 2017, which applied to references started between 1 May 2017 and 30 April 2021. If an arbitration agreement stipulates arbitration under the Terms, parties should ensure the procedural route is clearly understood.
Second Schedule: the principal source of guidance on LMAA arbitral procedure.
Body of the Terms: the tribunal’s procedural powers, especially paragraphs 15, 16 and 17.
Sixth Schedule: additional guidance addressing the conduct of virtual and semi-virtual hearings.
Fourth Schedule: guidelines aimed at enhancing the efficiency and cost effectiveness of LMAA arbitration.
Taken together, these provisions set out how proceedings under the Terms should be conducted...
Arbitration
PRACTICE NOTES
London Maritime Arbitrators Association (LMAA) Terms 2021: tribunal constitution, appointments, reconstitution, qualifications, fees, scope and implied application
The London Maritime Arbitrators Association (LMAA) Terms 2021 (the Terms) take effect for arbitrations commenced on or after 1 May 2021, provided the parties have agreed that they apply. Where an arbitration proceeds under the Terms and makes no specific provision for appointing the arbitral tribunal, the default position set out in the Terms will govern the appointment process.
Number of arbitrators
Paragraph 2(c) gives an inclusive meaning to ‘tribunal’, encompassing:
a sole arbitrator
a tribunal of two or more arbitrators
an umpire
In contrast with the Arbitration Act 1996 (AA 1996), where the Terms are referred to but no agreement is expressed as to the composition of the tribunal, the default position is that the tribunal shall comprise three arbitrators (paragraph 8(a) of the Terms)...
Arbitration
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