LIST OF ARBITRATION RULES
AT THE LIBYAN CENTER FOR INTERNATIONAL COMMERCIAL ARBITRATION
First chapter Preliminary provisions
The following terms mean:
- Center, Libyan Center for International Commercial Arbitration.
- Rules, Arbitration Rules.
- Director General, Director General of the Libyan Center for International Commercial Arbitration.
Council of Counselors, Council of Advisors, Libyan Center for Commercial Arbitration
- The Commission, the arbitral tribunal constituted in accordance with the regulations of the Libyan Center for International Commercial Arbitration.
- Prosecutor: One or more applicants
- Defendant: One or more defendants
- Parties: Parties to the conflict
- Arbitration agreement, agreement of the parties to resort to arbitration in the form of conflict, whether in the form of agreement on arbitration or arbitration clause.
- List, list of arbitrators in the Center.
In the case of arbitration, it is suggested that the following wording of the arbitration agreement shall ensure that "all disputes arising out of or relating to this contract shall be referred to the Libyan Center for International Commercial Arbitration for final adjudication in accordance with its rules and procedures"
The agreement to arbitrate in accordance with the provisions of these regulations before the Center prevents the submission of the dispute to any other party or the appeal to them by virtue of the arbitral tribunal.
All arbitration agreements submitted to the Center shall be considered valid and enforceable, unless any party proves the invalidity or invalidity of the Center.
Unless otherwise agreed by parties, the arbitration shall be subject to the center’s rules and regulations, and the parties may on the selection of additional procedures, provided that they do not affect the work or the powers of the arbitration tribunal that regulates by the center’s rules.
The center shall guarantee all right of defense to conflict parties and shall ensure that parties are treated equally and impartially.
After consultation with parties, the arbitration tribunal shall determine arbitration place and its sessions; also they may conduct deliberation on the appropriate place, unless otherwise agreed by parties.
The judgment is issued at place designated for arbitration and on the date indicated therein.
Unless otherwise agreed by the arbitration tribunal, they shall determine the language or the languages adopted during the course of arbitration, taking into account the circumstances of the arbitration, including the language of the contract.
The second chapter
the arbitration request
The request for arbitration shall include:
1- Names, surnames, nationalities and addresses of the parties.
2- Narrative of dispute facts.
3- Identification of applications.
4- Outline the arbitrators’ names, the law applicable in the case file, language and the place of arbitration.
5- Copy of arbitration agreement.
6- Legal documents relating to the file, with a number of copies enough for each party to obtain a copy, in addition to a copy for each arbitrator and for the General Director as well.
7- Payment of registration fees shown in Annex 2.
The General Director shall ensure that the arbitration application is completed before the starting of procedures, in the absence or the shortage of certain documents the General Director shall inform the applicant of this and the final date for the completion of his document.
If the deadline came without completion of the documents, the General Director shall keep the application without prejudice to the right of the prosecutor to submit the same applications at later date.
Upon receipt of arbitration request and the payment of the fees, the General Director shall notify the complainant of a copy thereof, by letter that guaranteed to access no later than seven days from the date of receipt of such application.
The complainant must submit within twenty days from the date of being notified of the arbitration request, an answer note containing his name, surname, address and requests, and the name of the arbitrator he has chosen, and any other comments or proposals on the place of arbitration and the applicable rules of law, the period shall be extended once and for the same period, at the request of the complainant.
Libyan Center for International Commercial Arbitration