LCAM—conduct of an LCAM arbitration

Produced in partnership with Kirtan Prasad of RPC and Shai Wade of RPC

Practice notes

LCAM—conduct of an LCAM arbitration

Produced in partnership with Kirtan Prasad of RPC and Shai Wade of RPC

Practice notes

Procedural directions and timetable

The LCAM Secretariat refers a case to the Arbitration Tribunal, once the LCAM Board has confirmed the appointment (see Article 18.1).

The LCAM Rules accord the Arbitral Tribunal a wide discretion as to how it may conduct the procedure of the arbitration. Articles 19.1 and 19.2 state that, subject to the LCAM Rules and any agreement between the parties, the Arbitral Tribunal may conduct the arbitration in such manner as it considers appropriate provided that the Arbitral Tribunal acts impartially, practically and expeditiously, while giving each party an equal and reasonable opportunity to present its case. However, there are a few salient aspects of the LCAM Rules, which an Arbitral Tribunal and the parties ought to consider.

Timeframes

Article 24 states that, after the referral of the case to the Arbitral Tribunal, the Arbitral Tribunal shall promptly consult with parties with a view to establishing a ‘provisional’ timetable for the conduct of the arbitration and thereafter send a copy of the timetable to the parties and the LCAM Secretariat.

Kirtan Prasad

Solicitor, RPC

Kirtan is a Singapore, English and NY qualified commercial disputes lawyer with a specialism in international arbitration. She has been recognised as a Future Leader in Arbitration by Who's Who Legal and as a Rising Star in International Arbitration by the Legal 500 directory.

She practised in Singapore for a number of years before moving to London. Her experience includes disputes across a number of industry sectors, including finance, automobile manufacturing, hotel management and shipping. Her work has spanned both civil and common law jurisdictions, such as Japan, India, England, Indonesia, the UAE and the Netherlands, and under a range of arbitral rules, including the LCIA, ICC, SIAC, SCMA, DIAC and ICSID Rules.

Directory entries say: “She is one of the most intelligent young lawyers that I have worked with. Her drafting of case and witness statements in big-ticket arbitrations with utmost efficiency is a marvel to watch.” "Kirtan Prasad is very hardworking, has a head for detail, and is a strategic thinker." "Kirtan [is] one of the really up-and-coming names in international arbitration, who is definitely partner material."

Shai Wade

Solicitor, RPC

Shai is the Head of International Arbitration at City law firm RPC.

Co-author of the principal textbook commentary on LCIA Arbitration, "A Commentary on the LCIA Arbitration Rules", Shai is recognised as a Global Leader by Who's Who Legal: Arbitration, as a Leading Individual: International Arbitration by Legal 500 and a ranked International Arbitration Lawyer by Chambers and Partners.

Shai specialises in large-scale complex arbitration disputes in key industries such as, Oil and Gas, Energy, Telecoms, IT and International Trade, as well as in joint-venture and shareholder disputes and investor-state disputes.

Shai serves as arbitrator and as counsel under rules of the major arbitration institutions. As a young lawyer he served as a staff attorney to the Claims Resolution Tribunal for Dormant Accounts in Switzerland and later drafted the arbitration procedures for the appeals process of the International Commission on Holocaust Era Insurance Claims.

Jurisdiction(s):

United Kingdom

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