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