London Court of International Arbitration: Current Challenges and Opportunities Dr Jacomijn van Haersolte-van Hof Director General LCIA 21 May 2015

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