**TERMS AND CONDITIONS**
1. TERMS OF USE
1.1 These terms of use (together with the documents referred to in them) set out the terms on which you may use our online system for filing Requests for Arbitration and Responses under Articles 1 and 2 of the LCIA Rules, and, where available, for filing requests for expedited appointment of an arbitrator or for the appointment of an Emergency Arbitrator under Article 9 of the LCIA Rules (our online filing system), which is available through onlinefiling.lcia.org (our site).
1.2 We, us or our means the London Court of International Arbitration (the LCIA). You or your means: (i) any individual using our online filing system, (ii) any firm or other entity involved in the relevant arbitration request, response or proceedings, on whose behalf an individual is using our online filing system (a Firm), and (iii) any client on whose behalf an individual or their Firm is using our online filing system (a Client). Each individual using our online filing system represents and warrants that he or she is authorised and entitled to do so on behalf of the applicable Firm and Client(s).
1.3 Please read these terms of use carefully before you start to use our online filing system, as these will apply to your use of our online filing system. We recommend that you print a copy of this for future reference.
1.4 By using our online filing system, you confirm that you accept these terms of use and that you agree to comply with them.
1.5 If you do not agree to these terms of use, you must not use our online filing system.
2. OTHER APPLICABLE TERMS
2.1 These terms of use refer to the following additional terms, which also apply to your use of our online filing system:
(a) our Privacy Policy, sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our online filing system, you consent to that processing and you warrant that all data provided by you is accurate; and
(b) our Cookie Policy, which sets out information about the cookies on our site, including our online filing system.
2.2 Any payments made by you through the site, including in connection with our online filing system, are made via a third party service provider which has been appointed by us. Please see the separate terms and conditions of that provider for further terms that may apply to you for use of that third party payment service.
3. INFORMATION ABOUT US
3.1 The website at onlinefiling.lcia.org, including our online filing system, is operated by the LCIA. We are registered in England and Wales under company number 02047647 and have our registered office at 70 Fleet Street, London EC4Y 1EU. We are a private company limited by guarantee.
4. CHANGES TO THESE TERMS
4.1 We may revise these terms of use at any time by amending this page.
4.2 Please check this page from time to time to take notice of any changes we made, as they are binding on you.
5. CHANGES TO OUR ONLINE FILING SYSTEM
5.1 We may update our online filing system from time to time, and may change the content at any time. However, please note that any of the content contained on our online filing system may be out of date at any given time, and we are under no obligation to update it.
5.2 We do not guarantee that our online filing system, or any content on it, will be free from errors or omissions.
6. ACCESSING OUR ONLINE FILING SYSTEM
6.1 We do not guarantee that our online filing system, or any content on it, will always be available or be uninterrupted. Access to our online filing system is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our online filing system without notice. We will not be liable to you if for any reason our online filing system is unavailable at any time or for any period.
6.2 You are responsible for making all arrangements necessary for you to have access to our online filing system.
7. YOUR ACCOUNT AND PASSWORD
7.1 If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat that information as confidential. You must not disclose it to any third party.
7.2 If you register to use our online filing system, that registration is personal to you and may not be used by any other person without our express prior consent.
7.3 We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.
7.4 If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at onlinefiling@lcia.org.
7.5 Further, if you change your email address, you must promptly notify us at onlinefiling@lcia.org.
8. INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE
8.1 We process information about you in accordance with our Privicy Policy. By using our online filing system, you consent to that processing and you warrant that all data provided by you is accurate and that you will keep it up-to-date by notifying us of any changes.
8.2 We may also obtain information about your use of our online filing system by using cookies (or similar technology) that are stored on your equipment. For more information on the cookies we use and the purposes for which we use them, please see our Cookie Policy. Payments through the site are made via a third party service provider, appointed by us. Please see the separate cookie policy terms that may apply to your use of that third party payment service.
9. INTELLECTUAL PROPERTY RIGHTS
9.1 "LCIA", "LCIA India", "DIFC LCIA", "LCIA MIAC" and the logos for each of them appearing on our site are trade marks of the LCIA or are trade marks in which the LCIA has an interest.
9.2 Unless otherwise stated on our site (including in these terms of use) or on www.lcia.org, we are the owner or the licensee of all existing and future intellectual property rights (including trade marks, copyright, database rights, design rights, confidentiality rights and all other rights having equivalent or similar effect) in our site and on www.lcia.org, including the material appearing on it. All such rights are reserved and you agree not to make any use of those intellectual property rights without our prior written consent. You shall neither acquire nor claim any right, title or interest in or to any of those intellectual property rights.
10. NO RELIANCE ON INFORMATION
10.1 The content on our online filing system is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our online filing system.
10.2 Although we make reasonable efforts to update the information on our online filing system, we make no representations, warranties or guarantees, whether express or implied, that the content on our online filing system is accurate, complete or up-to-date.
11. LIMITATION OF OUR LIABILITY
11.1 Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
11.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms that may apply to our online filing system or any content on it, whether express or implied.
11.3 We will not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of or inability to use our online filing system;
(b) use of or reliance on any content displayed on our online filing system; or
(c) use of the services of any third party service provider appointed by us in connection with our online filing system.
11.4 Please note that, in particular, we will not be liable for:
(a) loss of profits, sales, business, revenue or data;
(b) business interruption;
(c) loss of anticipated savings;
(d) loss of business opportunity, goodwill or reputation; or
(e) any indirect and/or consequential loss or damage.
11.5 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our online filing system or to your downloading of any content on it, or on any website linked to it.
11.6 We assume no responsibility for the content or use of websites to which you are linked via our online filing system. These links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
12. VIRUSES, HACKING AND OTHER OFFENCES
12.1 You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our online filing system, the server on which our online filing system is stored or any server, computer or database connected to our online filing system. You must not attack our online filing system via a denial-of-service attack or a distributed denial-of service attack. We may co-operate with law enforcement authorities in relation to any such misuse, including by disclosing your identity to them.
12.2 We do not guarantee that our online filing system will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our online filing system. You should use your own virus protection software. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programmes, data or other proprietary material due to your use of our online filing system or to your downloading of any content on it, or on any website linked to it.
13. LINKING TO OUR SITE
13.1 You may not link to any part of our site onlinefiling.lcia.org or to www.lcia.org without our prior written permission. We reserve the right to withdraw with immediate effect any such permission granted.
14. APPLICABLE LAW AND JURISDICTION
14.1 These terms of use and any non-contractual obligations arising out of or in connection with these terms of use shall be governed by, and interpreted in accordance with, English law.
14.2 In the event of a dispute arising out of or in connection with these terms, including any question regarding their existence, validity or termination, the dispute shall be referred to and finally resolved by arbitration under the UNCITRAL Rules of Arbitration:
(a) the appointing authority shall be the Secretary General of the Permanent Court of the Hague;
(b) the number of arbitrators shall be one, appointed in accordance with the UNCITRAL Rules of Arbitration;
(c) the seat, or legal place, of the arbitration shall be London;
(d) the language of the arbitration shall be English.
15. CONTACT US
15.1 To contact us in connection with our online filing system, please email onlinefiling@lcia.org.
**LCIA PRIVACY POLICY**
1 PURPOSE OF THIS PRIVACY NOTICE
1.1 The London Court of International Arbitration (“LCIA”, “we”, “us”) performs dispute resolution services in relation to disputes or potential disputes, whether before or after their conclusion, including under the LCIA Arbitration Rules and the LCIA Mediation Rules (“LCIA Proceedings”). The LCIA’s privacy notice for LCIA Proceedings can be found here.
1.2 The LCIA also carries out other services and activities including, but not limited to, in respect of the membership of the LCIA Users’ Councils. The LCIA’s membership terms can be found here.
1.3 This Privacy Notice describes how we collect and process personal data in the context of those services and activities.
1.4 This Notice is in effect as of the date indicated at the end of this Notice. If we make changes to this Privacy Notice, we will change the date and update this Notice on our website.
1.5 If you have any questions about this Notice, how we treat your personal data or wish to exercise any of your data subject rights, please refer to the details found at the end of this Notice.
2 WHAT PERSONAL DATA DO WE COLLECT AND HOW DO WE COLLECT IT?
2.1 Depending on the circumstances, we may obtain the following personal data about you:
2.1.1 basic information, such as your name (including name prefix or title), the company you work for, your title or position, your gender, your date of birth and your relationship to a person;
2.1.2 contact information, such as your postal address(es), email address(es) and phone number(s);
2.1.3 financial information, such as payment-related information;
2.1.4 technical information, such as information from your visits to our website/online services or in relation to materials and communications we send to you electronically;
2.1.5 information you provide to us for the purposes of attending meetings and events, including passport and visa information, accessibility and dietary requirements;
2.1.6 identification and background information provided by you or collected as part of our business acceptance processes;
2.1.7 any personal information provided to us in the course of providing services in relation to an arbitration, whether by you, or by or on behalf of the parties; and
2.1.8 any personal information provided to us in the course of providing services in relation to membership and events;
2.1.9 CVs, cover letters and employment history;
2.1.10 profile pictures and photos taken at events (see Events Terms and Conditions);
2.1.11 a record of correspondence via email and social media.
2.2 The LCIA uses cookies, and similar technology, on our website. More information can be found in our Cookies Policy.
3 HOW DO WE USE YOUR PERSONAL INFORMATION
3.1 We will only use your personal data for the purposes for which we collect it, unless we reasonably consider that we need to use it for another reason, and that reason is compatible with the original purpose. If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.
3.2 To find out more about the legal bases that we rely on to be able to use and process your personal data, please see below under "Legal bases for processing your personal data".
3.3 Please note that the below list of the way in which we use your personal data is not exhaustive.
3.4 We might use information held about you in the following ways:
3.4.1 when you join or apply to join as a member of the LCIA’s Users’ Council or YIAG;
3.4.2 in the provision of our services to you or to others;
3.4.3 to notify you about changes to our services;
3.4.4 to promote our services, including sending legal updates, publications and details of events;
3.4.5 to provide and improve our website/online services, including auditing and monitoring its use;
3.4.6 to fulfil our legal, regulatory and risk management obligations, including establishing, exercising or defending legal claims; or
3.4.7 for the purposes of recruitment.
4 LEGAL BASES FOR PROCESSING YOUR PERSONAL DATA
4.1 There are a number of different ways that we are lawfully able to process your personal data. We have set these out below.
4.1.1 Where processing your personal data is necessary for us to carry out our obligations under our contract with you, to ensure that you are properly fulfilling your obligations to us, and to ensure that we are fulfilling our obligations to others
We are able to lawfully process your data under Article 6(1)(b) of the UK GDPR, which states that we can process your data where this processing "is necessary for the performance of a contract to which [you] are a party". We therefore rely on this legal basis to collect and otherwise use your personal data to enable us to perform our part of our contract with you and our obligations to third parties, and to ensure that you are properly fulfilling your obligations to us.
4.1.2 Where processing your personal data is necessary for us to carry out our legal obligations
As well as our obligations to you under our contract, we also have other legal obligations that we need to comply with. Article (6)(1)(c) of the UK GDPR states that we can process your personal data where this processing "is necessary for compliance with a legal obligation to which [we] are subject".
4.1.3 Where processing your data is within our legitimate interests
Article 6(1)(f) of the UK GDPR explains that we can process your data where it "is necessary for the purposes of the legitimate interests pursued by [us] or by a third party, except where such interests are overridden by the interests or fundamental rights or freedoms of [you] which require protection of personal data."
We consider the following to be non-exhaustive examples of processing activities that are in our legitimate interests:
•to help us understand our users better and provide better, more relevant information and services to them;
•to ensure our website runs smoothly;
•to help us keep our systems secure and prevent unauthorised access or cyber-attacks.
4.1.4 Where you give us your consent to process your personal data
In very limited circumstances, we are required to obtain your opt-in consent before we can undertake certain processing activities with your personal data. Article 4(11) of the UK GDPR states that opt-in consent is "any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her." In plain language, this means that:
•you have to give us your consent freely, without us putting you under any type of pressure;
•you have to know what you are consenting to – so we'll make sure we give you enough information;
•you should only be asked to consent to one processing activity at a time – we therefore avoid "bundling" consents together so that you don't know exactly what you're agreeing to; and
•you need to take positive and affirmative action in giving us your consent – we're likely to provide a tick box for you to check so that this requirement is met in a clear and unambiguous fashion.
You have the right to withdraw your consent to these activities. You can do so at any time.
We do not think that any of the above activities prejudice you in any way. However, you do have the right to object to us processing your personal data in certain circumstances.
5 HOW DO WE SHARE YOUR PERSONAL INFORMATION?
5.1 Your information will not be disclosed to third parties outside of the LCIA, except to the following limited categories of recipients:
5.1.1 any current or future member of our group, which includes our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006, insofar as reasonably necessary for the purposes set out in this policy;
5.1.2 third party service providers who perform functions on our behalf (including external consultants, IT service providers and professional advisers such as lawyers, auditors and accountants);
5.1.3 third parties such as Oxford University Press for the online use, and sending copies, of Arbitration International;
5.1.4 third parties including financial institutions or law enforcement agencies, where necessary to comply with our legal obligations, our contract with you or where it is otherwise in our or a party’s legitimate interests to do so;
5.1.5 if we have to disclose or share your personal data if we believe that such action is necessary to protect and defend the rights, property or personal safety of the LCIA, its sites or its visitors;
5.1.6 third parties to whom the LCIA is providing services; and
5.1.7 third parties involved in hosting or organising events or seminars.
6 WHERE DO WE TRANSFER YOUR PERSONAL DATA TO?
6.1 The personal data that we collect from you may be transferred to, and stored at, a destination outside the European Economic Area (EEA). It may also be processed by staff operating outside the EEA, who work for us or for one of our suppliers, subsidiaries or any other entity in which the LCIA has an interest. These staff may be engaged in, among other things, the fulfilment of your request, the processing of your payment details and the provision of support services. By submitting your personal data, you expressly agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your personal data is treated securely and in accordance with this privacy policy.
6.2 Payments made in connection with our services and activities may be processed via a third party payment service provider. Please see the separate terms and conditions of that provider for further terms (including relating to your personal data provided to that provider) that may apply to you for use of that third party payment service.
6.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site including via our online filing system; any transmission is at your own risk. Once we have received your personal data, we will use strict procedures and security features to try to prevent unauthorised access.
7 HOW LONG WE WE RETAIN YOUR PERSONAL INFORMATION FOR?
7.1 Your personal information will only be retained for as long as is reasonably necessary in the circumstances. Retention periods vary depending on the category of data, taking into account legal and regulatory requirements, limitation periods for taking legal action, good practice and the LCIA’s business purposes.
8 WHAT RIGHTS DO YOU HAVE OVER YOUR PERSONAL DATA?
8.1 Depending on the circumstances, you have a number of rights over the personal data that we process about you. These may include the right to:
8.1.1 request access to your personal data and obtain a copy of it from us;
8.1.2 correct your personal data that we hold where it is incomplete or inaccurate;
8.1.3 have your personal data erased where there is no good reason for us continuing to use or retain it, unless the processing is necessary to pursue a legal claim or defence;
8.1.4 request that your personal data is used only for restricted purposes, unless the processing is necessary to pursue a legal claim or defence;
8.1.5 object to your personal data being processed if the lawful basis for processing it is either our or a third party’s legitimate interest; and
8.1.6 require certain of your personal data to be transferred to you or a third party to the extent that the data was collected directly from you.
8.2 If the relevant legislation allows us to do so, we may refuse to provide access or may charge a fee for access, in which case we will provide reasons for our decision as required by law.
8.3 Information we hold about you should be up-to-date and accurate. Please advise us of any changes to your information using the contact details below.
8.4 You also have the right to lodge a complaint with a supervisory authority. Our supervisory authority is the Information Commissioner's Office in the UK. Contact details for the ICO are set out below:
Phone: 0303 123 1113
Email: casework@ico.org.uk
Post: Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
8.5 The privacy regulators for other EU Member States are listed (along with contact details) on the following website: http://ec.europa.eu/justice/article-29/structure/data-protection-authori...
If you wish to exercise any of these rights, or if you have any questions about this notice, how we treat your personal data, or wish to exercise any of your data subject rights, you can contact us:
By email: enquiries@lcia.org>
By post: Attn: HR Manager
LCIA
1 Paternoster Lane
London EC4M 7BQ
United Kingdom
Last updated: November 2021
**LCIA COOKIE POLICY**
1 GENERAL INFORMATION
1.1 The London Court of International Arbitration (LCIA) uses cookies, and similar technology, on our website. This notice provides you with information about how we use cookies and how you can control them.
1.2 By using this website you accept the use of cookies (and similar technology) in accordance with this notice. In particular, you accept the use of analytics and functionality cookies for the purposes described below. If you do not accept the use of these cookies, please see the section below entitled ‘How to control or delete cookies’ for further instructions.
1.3 For information on how the LCIA handles your personal data, including any personal data processed via cookies on our website, please see our General Privacy Notice and Data Privacy Notice for LCIA Proceedings.
2 WHAT IS A COOKIE?
2.1 Cookies are small files of letters and numbers that are downloaded to your computer or mobile device when you visit a website. Cookies are then sent back to the originating website on each subsequent visit, or to another website that recognises that cookie. Cookies are useful because they allow a website to recognise a user's device.
2.2 Cookies do lots of different jobs, like letting you navigate between pages efficiently, remembering your preferences, and generally improving the user experience. We use two broad categories of cookies:
2.2.1 first-party cookies, served directly by the LCIA to your computer; and
2.2.2 third party cookies, served by a third party on LCIA’s behalf. We may also use third party cookies to help us analyse our website and its use.
2.3 The section below summarises how we and third parties use cookies on our website. Those uses include using cookies to:
2.3.1 understand the total number of visitors to our sites on an ongoing basis and the types of internet browsers (e.g. Firefox, Safari or Internet Explorer) and operating systems (e.g. Windows or Macintosh) used by our visitors;
2.3.2 monitor our website’s performance, including how visitors navigate our website, and to improve our website; and
2.3.3 customise and enhance your online experience.
3 HOW DOES THE LCIA USE COOKIES?
3.1 The types of cookies used on our website can be classified into one of three categories, namely 'essential website cookies', 'functionality cookies' and 'analytics cookies'. The following gives you further information about each category, and the purposes of the cookies we set:
3.1.1 Essential website cookies – LCIA (first-party cookies):
These cookies are essential to enable you to move around our website and use its features. These cookies don't gather information about you that could be used for marketing or remembering where you have been on the internet. These cookies are often session-specific, expiring after your visit to the website (session) has ended. This category of cookies can only be disabled by changing your browser settings, as detailed in the "How to control or delete cookies" section below.
3.1.2 Functionality and security cookies – LCIA (first-party cookies)
Functionality cookies allow our website to remember choices you make (such as your user name, language or region you are in) and provide enhanced, more personal features. The information these cookies collect may be anonymised and they cannot track your browsing activity on other websites. Typically, these cookies stay on your computer until you delete them. Security cookies authenticate users, prevent fraudulent use of login details and protect user data. This category of cookies can only be disabled by changing your browser settings, as detailed in the "How to control or delete cookies" section below.
3.1.3 Analytics cookies – Google Analytics (opt-out)
These cookies, including cache cookies, are set by Google Analytics and are used to collect information about how visitors use our sites, including the number of visitors, the websites that referred them to our website and the pages that they visited on our website, and certain websites that they visited after leaving our website. We use this information to compile reports and to help us improve our website, for example, by letting us know if users find any errors and by ensuring that users find what they are looking for easily. Typically these cookies stay on your computer until you delete them.
4 HOW TO CONTROL OR DELETE COOKIES
4.1 You have the right to choose whether or not to accept cookies and we have explained how you can exercise this right below. However, please note that if you choose to refuse cookies you may not be able to use the full functionality of our website and any communications you receive from us may be less relevant to you than they could have been. Please also understand that if you choose to manage your cookie preferences, our cookie management tool will place a cookie on your device to allow your choices to be honoured. If you delete or remove cookies from your device, you will also remove this preference cookie and you will have to renew your choices.
4.2 You can block the relevant cookies by using the opt-out links provided, or (depending on your browser) by changing your browser settings so that cookies from our website cannot be placed on your computer or mobile device. In order to do this follow the instructions provided by your browser (usually located within the "Help", "Tools" or "Edit" facility). Disabling a cookie or category of cookie does not delete the cookie from your browser, you will need to do this yourself from within your browser.
4.3 Further information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.
5 COOKIES THAT HAVE BEEN SET IN THE PAST
5.1 If you have disabled one or more cookies, we may still use information collected from cookies before your disabled preference was set. However, we will stop using the disabled cookie to collect any further information.
If you have any questions about this notice, you can contact us:
By email: enquiries@lcia.org
By post: Attn: HR & Operations Manager
LCIA
1 Paternoster Lane
London EC4M 7BQ
United Kingdom
Last updated: October 2023
