Means the following expressions:
Center: Libyan Center for International Commercial Arbitration.
Council of Counselors: Council of Advisors of the Libyan Center for International Commercial Arbitration.
Members of the Council: Members of the Council of Advisors of the Libyan Center for International Commercial Arbitration.
President of the Council: Chairman of the Council of Advisors of the Libyan Center for International Commercial Arbitration.
Chairman of the Board: Chairman of the Libyan Center for International Commercial Arbitration.
General Manager: Director General of the Libyan Center for International Commercial Arbitration.
The Libyan Center for International Commercial Arbitration is independent, with legal personality, headquartered in Tripoli, Libya.
The Libyan Center for International Commercial Arbitration considers the commercial disputes arising from national and international trade relations, among the Libyan citizens among themselves, or if one of the parties to the dispute is Libya, or if the dispute results from an international relationship or conventions to which the Libyan State is a party, if the parties to the contract agree to resort to the Center in the event of the occurrence of the conflict or after its outbreak
The Libyan center for international arbitration (LCICA) seeks to provide consultancies, legal services and the necessary assistance in order to resolve disputed through mediation, reconciliation between parties and establishing commercial contracts, also seeks to spread the culture of arbitration in Libya and Arab world, through training courses for different interlocutors in this field.
Bodies of the Center
The Libyan Center for International Commercial Arbitration consists of:
Board of directors
Secretariat of the arbitral tribunal
Conciliators and reformers
Board of Advisors
The above- mentioned meetings shall be confidential and each of them shall remain discreet about the discussed contents.
Center’s board of directors
The Board of Directors of the Libyan Center for International Commercial Arbitration consists of 3 members and more.
The Board of Directors shall appoint a Chairman and a Vice-Chairman of its members who have nominated themselves to serve for a term of five years, renewable once by a majority vote.
As the term of office expires, and no new council is appointed, the old council continues to carry out its functions, in the event that the President is unable to perform his duties, his deputy shall replace him. If, however, the Chairman and Vice-President are unable to perform their duties for any reason, the Governing Council shall meet in an emergency session to appoint a member as a temporary chairman to conduct the business of the Council not later than one month from the date on which the original President and Vice-Chairman were unable to carry out their functions.
The Board of Directors shall, within 6 months from the date of assuming the provisional chairmanship of the President, appoint a new President and Vice-President
The Board shall meet at least once a month or whenever necessary at the center’s headquarters, at the invitation of its director or vice-director, at least half of members shall attend. The Board cannot hold meetings without quorum the Board decisions shall be issued by the majority votes; in case of equality of votes the director decision shall be implemented.
The Board of directors shall supervise the implementation of center’s objectives, through the following:
Outline the center’s financial and administrative systems.
Appoint center’s general director.
Outline the center’s annual budget.
Preparing the annual report of the center’s activities.
Draw up the general Rules of conciliation and arbitration with reference to the general director for approval and to pass decision to adopt them.
The conclusion of cooperation agreements with international arbitration centers, unions, bodies and Arab and European organizations.
The general director issues resolutions regarding the functional designations of various functions of the center, in addition to salaries and compensations.
Center’s General Director
The Board of Directors of the Libyan Center for International Commercial Arbitration shall appoint its Director-General as its Libyan nationality and shall determine its rights, duties and functions.
The Director General shall be the legal representative of the Center before the judicial bodies and public and private institutions, and the official spokesman of the Center.
The Director General shall carry out his functions from the date of his appointment and may attend all meetings of the Board of Directors and discuss his decisions
The Director-General shall appoint the staff to assist him in the performance of his functions, who shall respect the general rules of appointments and regulations established by the Governing Council
The arbitral tribunal shall consist of one or more arbitrators, with respect for the parties' wishes and the requirements of the arbitration contract.
If the parties do not agree on the arbitrators, they are subject to the regulations of the Center
The parties of arbitration contract may read the list of center’s arbitrators and choose among them or to choose from the outside. The arbitrator must be impartial, neutral and familiar with commercial laws and practices with excellent experience in settling disputes. If the parties agreed to settle disputes by resorting to free arbitration, according to the parties’ editor the General Director may provide the necessary assistance by providing a suitable venue for the meetings and the necessary assistant in secretariat functions, translation and saving documents.
Secretariat of the arbitral tribunal
The Secretariat of the arbitral tribunal shall be considered part of the general board of directors of the centre, and subject to the supervision of the general director.
The secretariat shall receive the arbitration requests referred to by the General Director and shall receive all the documents and contracts submitted by the parties of the dispute, by respecting the rules and the procedures of the center. The secretariat shall also record the minutes of the sessions in Arbitral Tribunal and shall inform the parties of all its decisions.
Conciliators and reformers
The conciliators and reformers try to reconcile and reconcile and try to conclude reconciliation between the opponents. In this case, the arbitrators do not observe the application of legal rules and follow the rules of justice and fairness.
Board of Advisors
The Council of Advisors is an advisory body to the Libyan Center for International Commercial Arbitration (The Center).
The Council of Advisors shall consist of a Chairman and four members, and a secretary.
The members of the Council of Advisors shall be appointed by the Chairman of the Board of Directors of The Center, upon the proposal of the Director General of The Center.
The members of the Council of Advisors shall elect from among themselves, their Chairman and Deputy Chairman by a majority vote.
The names of the members of the Council of Advisors shall be published on the website of the Center.
The members of the Council of Advisors shall possess the following qualifications regardless of their nationality:
A higher level degree qualification;
And shall have at least five (5) years experience.
Shall be a respectable member of the international arbitration community.
Shall have particular interest in the development of arbitration in Libya and in the activities of the Center.
Members of the Council of Advisors shall be appointed for a term of four (4) years which may be renewed once for another four (4) years or a shorter period.
Where a member of the Council of Advisors resigns, or a vacancy occurs, a new member shall be appointed in accordance with Article 17 paragraph 1.
Where the Chairman of the Council of Advisors resigns or is discharged from the performance of their obligation to the Council of Advisors, the Deputy Chairman shall act as Chairman of the Council of Advisors until the members elect a new Chairman.
The Council of Advisors shall:
Provide advice to the Center when it decides to reject the appointment of an arbitrator.
Decide on the removal or challenge of arbitrators according to Articles 18, 19 and 20 of its Arbitration Rules. The decision of the Council of Advisors shall be final and shall not be subject to appeal.
Advice the Center on the amendment of its Arbitration Rules from time to time.
Advice the Center on the program and organization of the Center’s annual international arbitration conference and any arbitration training workshops organised by the Center.
Advice the Center on arbitration collaborations with other Centers where requested by the Governing Council of the Center.
Advice the Center on any other matters requested by the Governing Council of the Center.
The Council of Advisors shall meet at least four (4) times in any one year.
The meetings of the Council of Advisors may be held either in person or remotely via tele or video communication.
The quorum for each meeting shall be two thirds of the members being present (either in person or via tell or video conference) with either the Chairman or Deputy Chairman being one of such members.
Additional meetings may be held at the request of the Chairman of the Council of Advisors or at the request of the Chairman of the Governing Council, to consult on urgent matters.
The Chairman of the Center shall appoint a Secretary to support the work of the Council of Advisors.
The Secretary shall:
Keep the Council of Advisors informed of all developments related to the work of the Center and arbitration cases.
Receive feedback from the Council of Advisors on the work of the Center and communicate to the Governing Council of the Center.
Prepare in agreement with the Chairman of the Council of Advisors and circulate to all members, the agenda and any papers for the meetings of the Council of Advisors at least 14 days before the meeting.
Record the minutes of the meetings of the Council of Advisors and circulate duly signed and approved (by the Chairman of the Council of Advisors) copies to the members of the Council of Advisors.
Prepare an annual report of the work of the Council of Advisors, approved by the Chairman of the Council of Advisors and deliver to the Governing Council of the Center.
Any member of the Council of Advisors having any recognisable conflict of interest shall declare such conflict before the discussion of any relevant matter to which the conflict relates and shall not participate in the discussion or decision on the matter.
The record of the meeting should contain the following:
- Date of the meeting
- The timing of the meeting
- Chairman's name
- Members present: whether a legal presence or Skype or email
- Schedule of work
- Opening of the meeting
- Discussion points, each chapter separately
- Opinions and observations of members in each chapter
- Proposed amendments
- Solutions and recommendations
- Signature of the President of the Council
The annual report must contain:
- Date of meeting
- Names of the members of the Council present at each meeting
- Summary of each meeting
- Board observations on the work of the Center
- General recommendations
- Proposals for revisions of the regulations and rules of work
- A report on the work of the arbitrators and the recording of violations committed by the arbitrators in their employment and the proposed penalties
- Signature of the Chairman and members of the Council.
Budget of the Center
The budget of the Center shall be prepared and submitted to the Board for consideration and approval. It shall be approved from the date of approval and shall end by the new fiscal year.
The center’s annual budget consists of:
* fees charged for services.
* Publications revenues and training courses supervised by the center.
The center’s works:
Contact conclusion and review.
Providing advice and legal assistance.
Immunities and privileges
The General Manager, the members of Board of Directors, the member of Arbitration Tribunal and the center’s secretariat shall enjoy the following immunities:
- Immunity from any legal proceeding while exercising their functions, unless the center decides to waive such immunity by decisions of Board of Directors.
- Immunity and privileges for members of diplomatic corps.
The center and all its property and funds shall enjoy immunity against any judicial or administrative proceedings in the exercise of their employment in accordance with this law. The center’s papers and documents shall enjoy immunity against any action of any kind
The center, its property, funds, resources and financial operations are exempted from all types of law taxes of the center’s regulations
Regulations of the Center
Mediation rules At Libyan center
for international commercial arbitration
The mediator shall send a detailed note to the parties, concerning the method of mediation, when he meets them and with them on the guidelines for mediation. And the parties shall have access to it and sign it or inform to amend it within 7 days, and the mediator shall be guided by the parties’ willing
The mediator shall adhere to the timetable set out in the Mediation Handbook prepared by him.
Upon reaching the dispute resolution agreement and parties signed on the agreement, the mediator shall inform the General Director directly and submit a copy of the agreement to him.
The mediation proceedings shall end if:
- The parties reached into an agreement and sign it.
- Informing one of the mediators, in writing, not to continue mediation.
- The mediator informs the parties, in writing, that the mediation will not succeed in settling the existing dispute.
- Inform the General Director, in writing, by the end of the period specified for the mediation procedures.
- Inform the General Director, in writing, of nonpayment of the amounts due for the completion of the mediation proceedings, after 10 days from the due date.
- General Director informs the parties, in writing, that they did not appoint a mediator yet.
The mediator shall notify the General Director, in writing, of any notification sent to him or from him, related to the first three points, and the General Director shall send the parties a written confirmation of termination.
The proceedings shall be private and confidential, unless the parties agree otherwise.
The settlement agreement details between the parties shall be confidential, unless such disclosure is necessary for its application or has not been agreed by the parties.
The Parties may initiate or continue any arbitral or judicial proceedings relating to Dispute mediation without prejudice to the mediation procedures , unless the parties had agree otherwise or there is no legal impediment.
The mediator shall not testify in any judicial or arbitral proceedings in dispute origin, without the written consent of the parties and the mediator.
The parties to the dispute shall not, when resorting to any judicial or arbitral proceedings, unless otherwise required by law or agreed by the parties, provide as evidence:
- Invitation by one of the parties to participate in the mediation proceedings, or if one of the parties is willing to participate in the mediation proceedings.
- Views or proposals made by one of the mediation in order to settle the dispute.
- Statements or representations made by one party during mediation proceedings.
- Suggestions from the mediator.
- Any acceptance declaration by one of the parties for the settlement proposal submitted by the mediator.
- A document prepared for the mediation proceedings purposes.
If the parties have entered into an agreement that settles the dispute, the agreement is binding and the duty to dispense. The procedures for rendering the arbitration award apply to the procedures for the conclusion of the arbitration agreement.
The application for mediation shall be submitted with the non-refundable registration fees. No application shall be accepted without payment of the fees set out in Article 28.
The General Director shall request the Parties to make one or more advance payments to cover the administrative expenses and the mediator fees on the meaning of Articles 29 and 30 and with respect to the provisions of Article 31 following the commencement of the mediation proceedings and shall set the date of other expenses.
The General Director may suspend mediation proceedings in the form of non-payment of payments.
Following the completion of the mediation procedures, the General Manager shall set out the expenses and inform the parties, if the expenses exceed the value of the payments, the parties shall pay the remaining expenses. In the event that the amount of the payments does not exceed the expenses, the General Director shall return the additional amounts.
The parties shall split the expenses equally between them, unless otherwise agreed in writing, and one party may pay some or all of the payments on the account in case of default of the other party.
The application must be submitted with a registration fee of US $ 500
The Libyan Center for International Commercial Arbitration determines administrative expenses, as in the following table:
|Minimum administrative expenses||$ 600|
|maximum administrative expenses||$ 3000|
|Agreement of the parties to suspend the mediation process||$ 500 per year %|
|the mediator’s fees||$ 100 per hour|
The Director may, exceptionally, determine the administrative expenses in an amount higher than the amount reported in the expenditure table, provided that the amount does not normally exceed the maximum amount of administrative expenses in the table, provided that the parties are notified in advance.
The Director-General shall determine exclusively the value of the mediator's fees, which shall be determined by the hourly calculation, with respect to the preceding Article, and shall be determined upon the appointment of the mediator in consultation with the Parties and the mediator or a fixed remuneration, which may be increased or decreased at the request of the mediator or the Parties.
The Director General shall also determine the reasonable amount of expenses to the mediator.
The amounts paid to the mediator shall not include any tax imposed on it, but the parties shall pay the tax, and the issue of tax refund shall remain between the mediator and the parties.
LIST OF ARBITRATION RULES
AT THE LIBYAN CENTER FOR INTERNATIONAL COMMERCIAL ARBITRATION (LCICA)
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.
List of arbitration rules at the Libyan center
for international commercial arbitration (LCICA)
If the defendant fails to comply with the arbitration, or does not respond in a timely manner, despite being informed in accordance with the legal means,
After the Prosecutor has paid the costs, the Director General shall complete the legal proceedings of the arbitration process and submit the file to the arbitral tribunal, as if the defendant is present and appoint an arbitrator.
The third chapter
Referral to the Arbitration Tribunal
The first section
Formation of Arbitration tribunal
The parties have the freedom to choose one arbitrator or more.
If the arbitration tribunal is composed of one arbitrator, the parties shall appoint an arbitrator, and the General Director to appoint an arbitrator from the center’s arbitrators within two weeks, after consulting the selection panel of arbitrators and experts, and the parties shall be informed of such appointment.
If there is a multiple parties of dispute, then the dispute shall be referred to arbitration tribunal that is composed of three arbitrators, and each of the parties shall appoint an arbitrator.
If the parties did not agree to appoint arbitrators, upon this the General Director shall appoint all the arbitrators on the meaning of the preceding articles.
The General Director shall invite the parties’ arbitrators in order to select the third arbitrator who will be the head of the tribunal, no later than 20 days from the date of their appointment.
The arbitrator must be impartial and independent of the parties to the dispute. And Before the appointment of the arbitrator he must acknowledge his acceptance, impartiality and independence and submit in writing all facts and circumstances that may affect his independence.
The General Director shall inform the Parties of all the submissions made by the proposed arbitrator, specifying a time limit for their comments.
If a party objects to the arbitrator or appealed against the validity of his appointment, the General Director shall consider the appeal, after consultation with the Selection Committee of the arbitrators and experts, not later than two weeks from the date of being notified of the appeal by final decision, upon one condition that the objection must be made before the first sessions of the dispute.
If one of the arbitrators has passed away or apologized or a force majeure has prevented him/her from carrying out his or her duties, he shall appoint the person to replace him in the same manner in which he was appointed.
The General Director shall refer the dispute file to the tribunal within seven days from the date of its formation. The tribunal shall commence its duties within fifteen days from the date on which the file is referred to it.
The dispute may not be brought before the courts in any State after the file has been referred to the arbitral tribunal and its formation to consider the dispute.
The second section Removal and challenge of arbitrators
The parties may object on the arbitrator, with serious reasons for their objection in a request to the General Director, not later than 3 days after the date of notification of the arbitrator’s appointment.
If one of the parties had objected on the arbitrator, the other party may consent to his objection. The referred arbitrator may also withdraw from the dispute before him/ her. The replaced arbitrator shall be appointed in accordance with the same procedures as the first arbitrator.
If the second party did not consent to the request of the objection, or if the arbitrator does not step down, the General Director shall specify the request for the objection within three days of receiving the request.
If the General Director issues a decision to dismiss the arbitrator, a new arbitrator shall be appointed in accordance with the rules of this regulation and shall inform the parties and the arbitrator of his decisions.
The third section Pleas as to the jurisdiction
The arbitration agreement shall be deemed to be an independent agreement from the dispute contract. If the contract is invalid or expires for any reason, the arbitration agreement shall remain in force unless the parties expressly agree otherwise.
List of arbitration rules at the Libyan center
for international commercial arbitration (LCICA)
The arbitration tribunal shall be competent to adjudicate in cases of non-jurisdiction in the absence of an arbitration agreement, arbitration, nullification, annulment or non-inclusion in the subject matter of the dispute, and shall be addressed in the first session.
Chapter IV Hearings
Arbitration proceedings shall commence from the date on which the plaintiff is notified of the arbitration, unless otherwise agreed by the parties. The first arbitration sessions shall be held not later than one month from the date of informing the parties.
The General Director shall refer the file to the arbitration tribunal as soon as it is formed, provided that the advance payment of the expenses requested by the General Director at this stage is mentioned in Annex 2.
The control process is subject to oversight by the Chamber of Advisors, to ensure transparency of the process.
The arbitration tribunal shall pursue to facilitate the arbitration expeditiously. The arbitral body may, after consultation with the parties, provide such procedural measures as it deems appropriate, provided that they do not conflict with the agreement reached with the parties.
The arbitral body may, at the request of any of the parties, issue orders regarding the confidentiality of arbitral proceedings or any other matters relating to arbitration, and the parties undertake to comply with orders issued by the arbitral body.
Once the file is received from the General Director the TRA prepares its working document. This document includes the following:
- The name and address of each party to the dispute, and all contact information related to them.
- The addresses to which notices or correspondence are sent during the course of the arbitration.
- Summary of the claims and requests of each of the parties.
- Estimated financial value of any additional requests.
- A list of matters to be adjudicated, unless the arbitration body considers it inappropriate.
- Full Names of the arbitrators and their and contact details.
- Place and language of arbitration and details of the applicable rules of procedure, with reference to the powers granted to the arbitration body.
The arbitration body and the parties shall sign the working document. The arbitration body shall send the task document after its signed to the General Director no later than 30 days from the date of referring the file to it.
The General Director sent a copy of the work document to the Council of Advisors to follow up the work of the Commission and ensure its compliance with the specified items.
In the event that one of the parties refuses to sign the working document, the document shall be submitted to the General Director for approval after consultation with the Council of Advisors. The arbitration shall continue from the date of signing the document of assignment or approval by the General Director.
Following the signature or approval of the document, a Party may not make any new requests outside the limits of its contents, only after he gets the permission of the arbitration tribunal.
The arbitration tribunal shall set out the schedule of the procedures it intends to follow to manage the arbitration process. The schedule of proceedings and any amendments thereto shall be communicated to the parties, the General Director and the Council of Advisors.
The proceedings may be held by direct meeting with persons, videoconferences, telephone or similar means of communication. In the event that the parties do not agree on a method of managing the case, the arbitration tribunal shall determine the means of holding such a hearing sessions and may request the parties to submit proposals on how to conduct the case prior to the hearing of the proceedings.
List of arbitration rules at the Libyan center
for international commercial arbitration (LCICA)
The arbitral tribunal shall hear all attendant parties, representing the parties either in person or through authorized representatives. They may also consult with counselors and shall inform the tribunal in advance.
The tribunal may hold hearings sessions to hear the testimony of witnesses and experts, at the request of one of the parties, at any stage of the case.
All parties are entitled to attend, and the presence of any person not involved in the proceedings shall be accepted only with the consent of the arbitration tribunal and the parties.
In the event that a party does not request the hearing of witnesses or a hearing, the arbitral tribunal shall be free to choose whether or not to hold such hearing sessions.
In the form of oral pleadings:
1. the tribunal shall inform the Parties of the date and place of the session.
2. The party requesting the witness's testimony shall summarize the facts he wishes to prove and give the names of the witnesses he wishes to hear, their addresses and the language used in the testimony, and shall inform the other party seven days before the performance of the testimony. And the opposing party shall give the Names of witnesses who would like to hear to prove the otherwise in the first hearing session.
3. The arbitration tribunal shall take the necessary arrangements in order to translate the oral statements at the hearing sessions, only if those statements are in a non-Arabic language and the arbitration tribunal may release minutes of its meeting.
4. witness hearing sessions shall be held in private, unless the parties agree otherwise, and the tribunal shall be free to determine the manner in which the witnesses are questioned.
5. The tribunal shall receive all means of evidence provided to it by the Parties, and may request such legal documents as it deems necessary.
In the case of a party claiming that the documents submitted to the tribunal are forged, the latter shall suspend the proceedings provisionally until the documents are verified.
The tribunal shall refer the false claim to a competent committee, which shall be formed by a decision of the General Director to investigate and issue a decision thereon.
If the falsity is proven, the Commission shall issue a decision to cancel the documents that have been proved.
The tribunal may, at any stage of the arbitration, request the parties to submit documents or other evidence, to conduct inspections or to take appropriate investigations, or consulting of experts.
The parties of dispute may authorize the tribunal to carry out the conciliation, and may at any stage ask them to prove their agreed conciliation or settlement.
The tribunal may reopen the case for substantial reasons, on its own or at the request of the parties to the dispute, after the conclusion of the pleadings and before the sentence is pronounced.
If one of the parties fails to attend the hearings and does not submit, within the legal period specified by the tribunal, admissible excuses to justify his absence, despite being duly summoned, the tribunal shall continue its proceedings and issue its judgment.
The tribunal may, at the request of one of the parties, take such temporary or precautionary measures as may be necessary in relation to the origin of the dispute, including procedures for the preservation of the goods contested, in accordance with the rules of procedure of the country in which the provisional action is taken, Or in the form of an arbitral award.
The parties may resort to any competent judicial authority to adopt provisional or provisional measures, which can not affect the powers of the arbitral tribunal. However, the parties shall inform the General Director of any request submitted to the judicial authority and any measures adopted by them.
The tribunal shall decide on the dispute in accordance with the requirements of:
1. the contract between the parties or any subsequent agreement between them.
2. The law chosen by the parties.
3. The law most closely related to the subject matter of the dispute.
4- Local and international trade practices
List of arbitration rules at the Libyan center
for international commercial arbitration (LCICA)
Deliberation and Judgment
Following the last hearing or after submitting the last allowed summons, the arbitral tribunal shall close the advocacy and inform the parties, the General Director and the council of Advisors of the date of issuing the draft judgment.
It is not allowed to submit any memoranda or documents after the closing of the advocacy, only if the tribunal has allowed doing so.
The tribunal shall meet for deliberation and judgment, and the deliberation shall be confidential.
The Authority shall issue its award within a maximum period of six months from the date of signature of the working document or from the date of its approval by the General Director, unless the parties agree on another period of issuing the award, and the parties should promise to enforce the award.
The period referred to in the preceding Article may be extended by the decision of General Director, after consultation with the council of Advisors, upon the request of the tribunal.
If the General Director and the Council of Advisors are not convinced of the reasons provided by the tribunal for the extension request, the General Director after consultation with the Council of Advisors shall determine a period of time in which the tribunal should issue its award within this period and by that its task is done.
If the arbitral tribunal is composed of more than one arbitrator, the award shall be rendered unanimously or by majority. If the majority is not available, the chairman of the tribunal shall issue the award.
If the parties reach a settlement after the file is sent to the arbitral tribunal, the settlement shall be established in the form of an arbitral award issued by the parties, upon request by the parties and approved by the tribunal.
The arbitral tribunal shall be supervised by the Council of Advisers and shall, prior to the signing of any arbitral award, submit the draft judgment to the Council of Advisors. The latter shall make amendments to the provision without prejudice to the arbitral tribunal's discretion to adjudicate the dispute. And no arbitral award may be made by the arbitral tribunal until it has been approved by the Council of Advisors in form.
The judgment shall include the names of the arbitrators, their signatures, the names of the parties, the date and place of issuance of the judgment, the facts of the invitation, the claims of the litigants, a summary of their defenses, and detailed and reasoned judgment, with full legal expenses and fees.
In the case of a majority judgment, the name of the arbitrator who is contrary to the provisions of the judgment shall be provided under the judgment, provided that the justification of the arbitrator is in a document separated from the text of the judgment.
The tribunal shall send a copy of the judgment to the General Director for registration in his country or by diplomatic means, if he is in a foreign country.
The Secretariat of the tribunal shall send a copy of the judgment to the Parties with a guaranteed letter of access with the notification of arrival no later than 3 days from the date of issue.