INTERNATIONAL ARBITRATION 1/3LY
IN CONVERSATION WITH JACOMIJN VAN HAERSOLTE-VAN HOF 15
IN CONVERSATION WITH JACOMIJN VAN HAERSOLTE-VAN HOF LONDON COURT OF INTERNATIONAL ARBITRATION Devika Khanna, Partner at Clyde & Co, in conversation with Jacomijn van Haersolte-van Hof, the new Director General of the London Court of International Arbitration
NEW LEADERSHIP, NEW VISION
will be shipbuilding. Shipping and shipbuilding are potentially very interesting markets in India too. Energy, where we are traditionally a strong player, is also an important sector in India, as is telecom. DEVIKA Do you think more could be done to make parties appreciate that the seat of arbitration and the venue need not be one and the same? So, for instance, they can have a London seat but hold hearings in Cape Town, if that is more convenient for the parties. JACKIE Separating seat and venue is something parties should consider more often. This especially applies where both parties need to travel; or where the formal seat may be seen to favour one of the parties; or if the seat is considered financially unattractive by both parties; in situations such as these, holding the hearing in a place other than the seat may be an attractive solution. Ideally, this is something parties consider early on, when they select a seat. From my discussions with users, it’s apparent that not all parties are sufficiently aware of this possibility. Parties should be encouraged to consider this option, which effectively requires creating awareness. We are working on “Notes for Parties” which may be one way of drawing parties’ attention to this option. DEVIKA That sounds like a good idea given that parties (and their counsel) should be doing all they can to tailor the arbitration procedure to suit their needs. That is after all one of arbitration’s unique features. It’s important to our clients that we focus on such practicalities, which can give them a much better experience of arbitration, including their ability to have hearings in a different jurisdiction to the seat if it’s more convenient to do so.
DEVIKA Congratulations on your new role at the LCIA. What are your main goals as its new Director General? JACKIE I’m truly delighted with this new opportunity and challenge. My main goals are working on the international profile of the LCIA, while retaining its solid base in London. In doing so, diversity is one of the goals I will want to focus on. Diversity is a diverse concept, including gender diversity and age, but also technical and legal expertise. DEVIKA We interviewed the outgoing head Adrian Winstanley OBE for our last edition of the 1/3LY. He said looking at the LCIA 10 years from now, he’d like to see the LCIA’s overseas offices standing on their own feet. The LCIA is present in Dubai, India, Mauritius and Seoul. Where next? As the new Director General, what is your vision for the LCIA in terms of its continued expansion? JACKIE Strengthening the position of the overseas offices in Dubai, India, Mauritius and the liaison office in Seoul is a key target for the LCIA. At the same time, we cannot overlook the regions and the industry sectors in which we are currently a strong player. It’s important that we consolidate and preserve our significant roles in the UK, in the US and in cases involving Russian parties. Industries where we are traditionally strong include shipping and commodities, and energy more generally. Again, this is something we shouldn’t ignore in developing new markets. Of course, some of the overseas ventures in fact allow us to expand in markets where we’re traditionally strong. For instance, in Korea, where we will begin to implement the plans for a Seoul presence in September, one of the key focus areas
Made with FlippingBook - Online catalogs