Procedural Background

This document is Procedural Order No. 1, issued by the Sole Arbitrator in LCIA Arbitration No. 183886, governing the mode of communications between the parties pursuant to Article 4 of the 2014 LCIA Arbitration Rules. The Claimants initiated the proceedings by dispatching their Request for Arbitration and Application for Interim Relief via international courier and email to various high-ranking officials of the Respondent, the Republic of Djibouti. This included service upon the Chairman of the Djibouti Ports and Free Zone Authority, the designated representative under the notice provisions of the underlying Concession Agreement.

Tribunal's Analysis

The Sole Arbitrator examined whether service by electronic means upon the Respondent was appropriate and effective. Relying on correspondence submitted by the Claimants, the Tribunal found conclusive evidence that the Respondent was fully apprised of the arbitration's existence. Furthermore, the Tribunal noted that the Respondent's designated representative had previously utilized his official government email address to communicate with the Claimants regarding matters arising directly from the Concession Agreement, thereby validating the use of that address for formal communications.

Operative Directions

Consequently, the Sole Arbitrator directed that, pursuant to Articles 4.1 and 4.3 of the LCIA Rules, all documents in the arbitration proceedings shall be served electronically on the Claimants' counsel and the Respondent's designated representative. The Tribunal further ordered that lengthy submissions—including pleadings, witness statements, expert reports, and annexed legal authorities—must additionally be served in hard copy via courier. The Tribunal reserved the right to revise these procedural directions should the Respondent subsequently elect to participate in the proceedings.