The LAC Procedures for the Administration of Cases under the UNCITRAL Arbitration Rules (the Procedures) have been adopted by the Ljubljana Arbitration Centre (the LAC) for use by parties who seek the benefits of an administered arbitration while maintaining the flexibility afforded by the 1976 or 2010 version of the UNCITRAL Arbitration Rules (with or without paragraph 4 of Article 1 as introduced in 2013). The Procedures are designed to apply to the UNCITRAL Arbitration Rules as modified in 2010, with new Article 1, paragraph 4, as adopted in 2013, as well as, mutatis mutandis, to the original version of 1976 and any other versions.
These Procedures are a supplemental tool for parties who have agreed to have their dispute arbitrated under the UNCITRAL Arbitration Rules, and wish that the arbitration be administered by the Ljubljana Arbitration Centre (the LAC).
The administrative tasks of the LAC under the Procedures include:
- Appointment of arbitrators;
- Deciding challenges of arbitrators;
- Deciding and administering the costs of the arbitration and financial management of the arbitration.
These Procedures may be agreed upon at any time before or after a dispute has arisen. For the avoidance of doubt, an agreement designating the LAC as the administrating body, or words to similar effect, includes the role as appointing authority under the UNCITRAL Arbitration Rules, unless otherwise agreed by the parties.
Where the parties wish to refer their dispute to arbitration under the UNCITRAL Arbitration Rules administered by the LAC, it is recommended that they include in their contract the standard arbitration clause for the LAC as administrating body, including acting as an appointing authority, under the UNCITRAL Arbitration Rules. Should the parties wish to amend the standard arbitration clause they should exercise particular care. An unclear or ambiguous arbitration clause may significantly hinder or even compromise the arbitral proceedings.