INTERNATIONAL ARBITRATION 1/3LY
IN CONVERSATION WITH JACOMIJN VAN HAERSOLTE-VAN HOF 17
F E AT URE S OF T HE NEW RUL E S
DE V IK A I think guidelines on the conduct of party representation are a positive development; we as practitioners all have a part to play inmaking sure arbitration delivers on its promise to be an efficient and transparent method of dispute resolution. Unfortunately some practitionersmay need to be reminded of that. Do you expect that the LCIA’s proposed new electronic filing system for case recordsmight be the start of a new “e-revolution” in arbitration? JACK IE E-revolution sounds a bit scary, perhaps. However, I do believe that proper use of electronic communication is essential in ensuring effective and efficient proceedings. For emergency proceedings, e-filing will definitely become the norm. In general, the use of email and electronic systems is something that I have no doubt will become standard practice – the international nature of arbitration demands it. As well as beingmore effective for all parties concerned, e-filing and e-communications facilitate archiving. DE V IK A What do you see as themajor challenges currently facing the LCIA specifically, and arbitral institutions more generally? JACK IE While the LCIA is a not-for-profit organization, it’s a reality that there are numerous other significant players in themarket. In order to preserve our market share, and to continue to play a leading role in themarket, wemust continue to offer an excellent product at adequate and acceptable rates. Arbitrator selection and effective and efficient administration is something we do well and should continue to work on. Wemust look at the services offered by others, including in some cases the increasedwillingness of courts to providemore tailor-made services. We should also look carefully at the areas, regions and industry sectors where we excel and ensure that we continue tomaintain our standards and improve in these areas. O V ERC OMING CH A L L ENGE S
DE V IK A The arbitrationworld, and particularly the perhaps limited pool of arbitrators, is sometimes criticised for being an “old boys’ club”. As the first woman (as well as the first non-UK national) to be appointed Director General in the LCIA’s history, have you faced challenges building a career in this field? JACK IE I think it’s fair to say that the arbitrationworld is not always an inclusive place and certainly not always seen to be that. This is something I intend to work on and I am very proud that the LCIA has dared to appoint awoman, and a non-English one at that, as Director General. Thismeans continuing and strengthening the LCIA’s practice of encouraging the participation of women as arbitrator and as speakers or co-chairs at events, ensuring regional, legal and other diversity, and finding a balance between appointing the great and the good and first-time appointees. Certainly I’ve faced challenges in building a career in this field; I think it’s always difficult with hindsight to attribute challenges to gender though. Some of the challenges are not necessarily specific to women, or to arbitration for that matter, but rather consist of the challenge of combining career and family life. Some challenges are verymuch specific to women, such as running a hearing in an arbitrationwhere one of the parties’ representatives was nursing a baby she had brought along!
Speaking of “the arbitration experience”; the LCIA has just announced its new rules which come into force on 1 October 2014. What do you expect the impact of the new rules to be andwill they give the LCIA any distinct features? For instance, we understand that the new rules contain an annex of general guidelines on the conduct of party representatives and a power for the arbitral tribunal to impose sanctions for breach of those guidelines. As the largest user of the LCIA, we’re keen to find out more... JACK IE I’mexcited about the adoption of the newRules, coinciding withmy arrival at the LCIA. They contain a number of distinct and attractive features, which I look forward to discussing with our users. One of the noteworthy features is the inclusion of emergency arbitrator provisions. The LCIA already has andwill retain the possibility for expedited appointment of arbitrators. Nevertheless, I’mpleased that the newRules contain additional provisions on emergency arbitration. I expect that users, in particular those used to being able to obtain injunctions fromcourts, welcome the opportunity to obtain effective relief from the tribunal itself. A second feature is the Annex containing guidelines on the conduct of party representation. The Rules allow the tribunal to impose sanctions for breach of norms contained in these guidelines. The guidelines are not novel (for example, the IBA has also published Guidelines) and do not contain provisions that would or should be deemed objectionable by the parties. What is unique is that the LCIA is the first institution to include such guidelines in its Rules. Other changes are intended tomake the proceedingsmore effective and efficient. Potential arbitrators are required to declare that they have sufficient time to dedicate to a new matter. There will also be a requirement to set a procedural timetable. One of the specific provisions that I find useful, is the requirement that the tribunal inform the parties of the time set aside for deliberation. Inmy view, transparency is one of the most important tools inmaking an arbitrationmore effective. These provisions assist to create transparency, allowing the parties and the institution tomonitor and, if necessary, to control the tribunal.
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