How should procedural applications be made in a London maritime arbitration?
In the first instance any such application should be the subject of an attempt to agree the position with the opposing party: see the LMAA Terms (2006), Second Schedule , para. 13. Only if agreement cannot be reached within the time prescribed should an application be made to the tribunal in accordance with the other provisions of that paragraph. Attention is also drawn to para. 17 of the same Schedule in respect of the likely costs consequences of inappropriate applications being made or not being agreed. It is now common to communicate by fax (if not email): ordinary post is often unreliable and should not be depended upon. However, it is not appropriate to send bulky documents (e.g. with many attachments) by fax, and it is even less desirable to send documents by fax and then also by post or courier.
