London Court of International Arbitration: Current Challenges and Opportunities
1. London Court of International Arbitration:
Current Challenges and Opportunities
Dr Jacomijn van Haersolte-van Hof
Director General
LCIA
21 May 2015
2. 2
Overview
Arbitrating under the New Rules (2014)
Enhanced Efficiency and Effectiveness
Regulating Party Representatives
Russian Sanctions: Impact on Arbitral Institutions
3. 3
New LCIA Rules
Enhanced Efficiency
and Effectiveness
Electronic filing
Arbitrators – availability
Emergency procedure
Procedural timetable
Multi-party proceedings – joinder and consolidation
4. 4
New LCIA Rules
Regulating Party
Representatives
The corollary of diversity in party representation is
regulation of ethics
The LCIA integrated system
Two aspects
Change in legal representative
Core substantive norms
5. 5
New LCIA Rules
Regulating Party
Representatives
Annex establishes core substantive norms
Legal representatives should not
Obstruct the arbitration or jeopardise the finality of any award
Knowingly make any false statement
Knowingly procure, assist in or rely upon false evidence
Knowingly conceal or assist in the concealment of a document
which is ordered to be produced
Deliberately initiate with the Arbitral Tribunal or LCIA Court
unilateral contact relating to the dispute, unless disclosed in writing
6. 6
New LCIA Rules
Regulating Party
Representatives
Arbitral Tribunal can issue sanctions
Written reprimand
Written caution
Any other measure
Adverse costs order
7. 7
EU Sanctions
Impact on Arbitral Institutions
EU sanctions are most relevant for the LCIA
Sanctions apply
Within EU territory
To any EU individual
To companies or organisations incorporated under the law
of a member state or to any business done within the EU
Distinguish between
Asset freezes
Sectoral sanctions
8. 8
EU Sanctions
Impact on Arbitral Institutions
Administrative considerations
Checking and re-checking sanctions
Licence
Actual impact?
Shared burden by all stakeholders: parties, counsel,
arbitrators, and institutions.
9. Dr Jacomijn van Haersolte-van Hof
Director General
T + 44 207 936 6200
F + 44 207 936 6222
E jvh@lcia.org
70 Fleet Street
London EC4Y 1EU
United Kingdom
www.lcia.org
