October, 2020 - LMAA guidance: witness statements and disclosure

LMAA discourages disorganised bundles and lengthy witness statements.

The Chairman of the LMAA has issued informal guidance in relation to some aspects of arbitration proceedings.

Firstly, in light of increasingly lengthy witness statements, the LMAA is encouraging practitioners to ensure that such statements are in a witness’s own words as far as possible, that they should be confined to matters of fact of which the witness is personally aware and that they should not seek to argue a case. The intention is that this will result in more concise and focused witness statements and should have the added advantage of being more cost effective to prepare.

The second point made by the Chairman is that bundles of expert reports for a hearing should be organised by topic, not by party or simply chronologically.

The LMAA regularly reviews its Terms and Procedures to ensure that they meet current needs and it is expected that they will be revised to reflect the above points and to bring them in line with the new BIMCO Law and Arbitration clause in 2021.