INTERNATIONAL ARBITRATION 1/3LY
IN CONVERSATION WITH JACOMIJN VAN HAERSOLTE-VAN HOF 15
IN CONVERS AT ION WI TH JACOMIJN VAN HAERSOLTE-VAN HOF LONDON COURT OF INTERNAT IONAL ARBI TRAT ION 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 L E A DER SHI P, NEW V I S I ON
will be shipbuilding. Shipping and shipbuilding are potentially very interestingmarkets in India too. Energy, where we are traditionally a strong player, is also an important sector in India, as is telecom. DE V IK A Do you thinkmore could be done tomake 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 ismore convenient for the parties. JACK IE 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. Frommy 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” whichmay be one way of drawing parties’ attention to this option. DE V IK A 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 thema much better experience of arbitration, including their ability to have hearings in a different jurisdiction to the seat if it’smore convenient to do so.
DE V IK A Congratulations on your new role at the LCIA. What are your main goals as its newDirector General? JACK IE I’mtrulydelightedwith thisnewopportunityand challenge. Mymaingoals areworkingon the international profile of the LCIA, while retaining its solidbase inLondon. Indoing so, diversity is oneof thegoals I will want to focus on. Diversity is adiverse concept, includinggender diversityandage, but also technical and legal expertise. DE V IK A We interviewed the outgoing head Adrian Winstanley OBE for our last edition of the 1/3LY. He said looking at the LCIA 10 years fromnow, 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? JACK IE 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 inwhichwe 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 energymore generally. Again, this is something we shouldn’t ignore in developing newmarkets. Of course, some of the overseas ventures in fact allowus to expand inmarkets 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
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