Amendments To Arbitration Agreement
In addition to the provisions described above, the other notable amendments to the internal regulations contain compliance provisions to ensure that the LCIA is not associated with any form of illegal activity (Article 24A) and data protection provisions (Article 30A). With respect to party representation, the amended internal rules recognize that a party may be represented by non-lawyers and provides that a party may be represented by one or more “authorized representatives” (Article 18.1). The LCIA also slightly increased its budget by about 10 to 12.5%. With respect to all payments made by the parties with respect to fee advances, the amended internal regulations state that the LCIA no longer acts as a fiduciary with respect to the down payment on fees (Article 24.2). Legislation authorizing unilateral amendments in accordance with these types of amending provisions is still being developed. Some courts have allowed unilateral changes when the company complies with the provisions of the amending provision, even if the notification of the amended conditions is not provided separately. See Miracle-Pond v. Shutterfly, Inc., 19 cv 04722 (N.D. III. May 15, 2020).
Other courts have refused any changes if no notification has been made. See z.B Douglas v. U.S. District Court, 495 F.3d 1062 (9 cir 2007). What constitutes an appropriate opinion is often debated. The Amendment Act 2019 contains various recommendations from the High Level Committee (Committee), which was established under the chairmanship of Justice B N Srikrishna, Retired Judge, Supreme Court of India, which presented its report on July 30, 2017. The committee was created by the central government to resolve certain challenges/difficulties related to the Arbitration and Conciliation Act (Amendment Act) 2015 (“Amendment Act 2015”) and to streamline institutional arbitration over ad hoc arbitration. The amended rules recognize the use of judicial secretaries in international arbitration proceedings and recognize the scope and scope of a judicial secretary`s duties (including the fact that a court cannot delegate its decision-making function to a judicial secretary).