• Journal of Arbitration Studies
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• v.29 no.4
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• pp.165-186
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• 2019

The parties are jointly and severally liable to pay to the arbitrators such reasonable fees and expenses (if any) as are appropriate in the circumstances. Any party may apply to the court (upon notice to the other parties and to the arbitrators) which may order that the amount of the arbitrators' fees and expenses shall be considered and adjusted by such means and upon such terms as it may direct. Arbitrators' fees and expenses are calculated on the basis of informal time fees determined by the arbitrators themselves, and the fees and expenses also vary greatly depending on the nature of the case. Obviously, when appointing a member of the LMAA as an arbitrator, it is rare to negotiate the fees and expenses with the arbitrator and to make specific arrangements for the fees and expenses. And it is common for between an arbitrator and a party to have an arbitrator agreement only in accordance with LMAA Terms. And it is common for between an arbitrator and a party to have an arbitrator agreement only in accordance with LMAA Terms. The purpose of this study analyzes the structure of arbitrators' fees and expenses under the UK Arbitration Act and LMAA Terms 2017. The contents can be divided into the relationship between the arbitrator and the parties (the claim of fees, the type of fees) and the relationship between the parties(the burden rate of arbitrators' fees). In this regard, this study suggests the implications after comparatively analyzing the UK Arbitration Act and the LMAA Terms 2017.

• THE INTERNATIONAL COMMERCE & LAW REVIEW
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• v.76
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• pp.49-76
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• 2017

Lex arbitri, a law that regulates arbitration procedures at arbitral seat, can be viewed as an additional procedural law. In addition, the lex arbitri refers to mandatory provision imposed by each country on arbitrators in their own territory. The reason is that the lex arbitri often relates to matters of public policy of the place of arbitration. In Korea, the LMAA terms is frequently mentioned in the shipping industry in Korea, and the LMAA terms clause is often set up in the contract between Korean companies. However, the study of the UK Arbitration Act 1996, which regulates the LMAA arbitration, is not so much in Korea. On the other hand, Lex Arbitri, a corporation that regulates mediation procedures in arbitration, can be viewed as an additional procedure. There may also be procedures that must be followed compulsorily by the Arbitration Act of Arbitration. The reason is that Lex Arbitri seems to be related to the public policy of the arbitration. Therefore, the arbitration law of the country of arbitration seat may be the most important regulations in relation to the legality of the arbitration procedure. If the proceedings of the arbitration violate the Lex Arbitri, the arbitral award may be nullified. The purpose of this study is to analyze the arbitration theory, international arbitration and Lex Arbitri, focusing on the UK Arbitration Act 1996.

• Korea Trade Review
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• v.45 no.1
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• pp.203-219
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• 2020

The parties shall perform all actions necessary for the proper and expeditious conduct of arbitral proceedings. This includes complying without delay with any determination of the tribunal as to any and all procedural or evidential matters, or with any order or directions of the tribunal, and where appropriate, taking without delay any necessary steps to obtain a decision of the court on a preliminary question of jurisdiction or law. The parties are free to agree on the powers of the tribunal in case of a party's failure to do something necessary for the proper and expeditious conduct of the arbitration. The parties' general duty may be based on agreements, such as the duty not to ask the court for a dispute, the duty to carry out arbitral awards, and the duty of confidentiality. In this study, as a premise, after confirming the discussion related to Article 40 (general obligations of the parties) of the law, the arbitral tribunal will analyze the authority to execute it based on Article 41. As a matter of fact, in LMAA Terms 2017, the parties want to analyze what is required in order to proceed effectively.