06.01.2017 Views

LMAA & SCMA ARBITRATION – A COMPARATIVE APPROACH

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Oral Hearing<br />

• <strong>SCMA</strong> specifically provides that a party may be<br />

represented by a person of their choice (R.27).<br />

• <strong>LMAA</strong> not limited to legal representation (reference<br />

to “lawyer or agent in <strong>LMAA</strong> terms).<br />

• <strong>LMAA</strong>: Under Clauses 12(b) and 13: for the<br />

parties to agree or Tribunal to determine whether<br />

an oral hearing is necessary.<br />

• <strong>SCMA</strong>: Rule 28. Unless the parties have agreed<br />

on a documents only arbitration or that no hearing<br />

should be held, the Tribunal shall hold a hearing<br />

for the presentation of evidence by witnesses,<br />

including expert witnesses, or for oral submissions.

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