What does London Maritime Arbitrators Association mean? A professional association of maritime arbitrators based in London. In legal practice, LMAA refers to the ad hoc maritime arbitration framework commonly used for shipping disputes (charterparties, bills of lading, shipbuilding and related contracts), with proceedings usually seated in London and conducted under the LMAA Terms 2021. The expression is not defined in legislation; it is a descriptive reference to the association and the procedural terms and model arbitration clauses it publishes, including the LMAA Intermediate Claims Procedure and Small Claims Procedure. LMAA arbitrations are ad hoc rather than institutional: the LMAA does not administer cases. Tribunals are appointed by the...
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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.
Paragraph 2(c) gives an inclusive meaning to ‘tribunal’, encompassing:
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)...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...