INTERNATIONAL ARBITRATION 1/3LY
IN CONVERSATION WITH ADRIAN WINSTANLEY 27
THE ROLES OF THE LCI A COURT, TRIBUNALS , ARBI TRATORS AND SECRETARIES : COMPLEMENTARY, COMPE T ING OR COMPL ACENT? BEN What are the key features of the LCIA Court? ADRI AN The Court is the final arbiter on all matters covered by the LCIA rules, including, in particular, the appointment of tribunals, determining challenges, and determining the charges of tribunals and of the LCIA Secretariat. Through itsmembers, the Court is the guardian of the LCIA’s standards, professional and ethical; and author of the institution’s rules; as well as the architect of best practice. The Court ismade up of up to 35members, chosen to provide a geographical balance, andwith a limit on the number of UK members permitted. It generally sits in plenary session only once or twice a year, withmany key decisions taken on behalf of the Court by the President, a Vice President or by divisions of three or fivemembers. This arrangement facilitates the issuing (uniquely) by the Court of reasoned decisions on challenges to arbitrators; abstracts of which are nowpublished. BEN What type of arbitrator does the LCIA typically look for? ADRI AN Naturally, the LCIA is concerned that any arbitrator should be appropriately qualified as to experience, expertise, language and legal training and that theywill produce high- quality awards in a timely fashion. And it is the consistent quality of the tribunals appointed by the LCIA that guarantees quality of the award.
The LCIA does not scrutinise awards in the way, and to the extent, for example, that the ICC does. However, the Secretariat does, at the request of a tribunal, reviewdraft awards for such things as typographical errors and the accuracy of the procedural history. BEN The use of emergency arbitrators is a topical issue at themoment. What do you think of themand how they’re used? ADRI AN This certainly is a topical issue, and there are differing views as to the desirability, and role, of the emergency arbitrator. But, ultimately, it’s amatter of an institution providing the parties that use its services with a comprehensive range of options. So, even though I understand that the emergency arbitrator provisions that are already available fromother institutions have not so far been greatly called upon, the new LCIA rules will include provisions for emergency arbitrator proceedings. BEN There’s alsomuch discussion about the role of secretaries in arbitration. What are your thoughts? ADRI AN Acting as a secretary to a tribunal is a great way for a younger lawyer to participate in arbitration, and to ‘learn the ropes’, on the way to becoming an arbitrator in his or her own right. The LCIA is, therefore, happy to support the appointment of secretaries to its tribunals, subject to the usual requirements. Namely, that secretaries sign the same statement of independence as our arbitrators sign; agree a reasonable fee rate; and acknowledge the clear parameters withinwhich they must work, so as not to duplicate the work of the administering institution. And, of course, the tribunal must not delegate any decision-making to the secretary.
Apart from the useful administrative support that they provide, the engagement of a secretary to a tribunal should save the parties costs, because routinematters can be dealt with by the secretary at a considerably lower hourly rate than theywould be performed at by amember of the tribunal.. BEN On that theme, the cost of arbitration has become a lively debated topic. What’s your perspective on the costs of arbitration at the LCIA specifically? ADRI AN Providing cost-effective administrative services has always been at the forefront of mymind, and I believe that the LCIA is recognised for doing so. As a not-for-profit company, the LCIA can focus on achieving amodest bottom- line surplus, and not onmaximising profits, which undoubtedly contributes to the value we are able to offer to the parties who use our services. With time and cost naturally closely related, we also strive to maintainmomentum in all LCIA arbitrations. On the analysis of a recent sample of cases, 55% of those that ran fromRequest to a final awardwere completed in 18months or less, with only 10% running for 24months or more.
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