The following article is taken from LCIA India: Click here to go to the original article.

As of 1 June 2016 the LCIA will service the needs of users in India, including those who have adopted LCIA India Rules, from the LCIA’s London office and its London based casework team. Going forward, LCIA India Rules based arbitration and mediation will no longer be offered.

LCIA India opened its doors for business in 2009. Its purpose was to promote the use of arbitration and ADR through an Indian arbitral institution which would offer institutionally administered arbitration based on India-specific rules. Over the past six years many potential users have indicated an interest in LCIA India Rules based arbitration.

However, after six years, it has become apparent that Indian parties are equally content to continue using the LCIA Rules and there are insufficient adopters of LCIA India clauses to justify a continuation of the LCIA India Rules as a separate offering.  This situation is not expected to change in the near term. Accordingly, the LCIA has concluded that the best way for it to serve the Indian market is to do so from London, as it has traditionally done.

The LCIA offers high-quality, cost-effective and efficient administrative services under the LCIA Rules for arbitrations seated all over the world involving parties of many nationalities and remains committed to offering the highest standard of institutional arbitration to India based parties and to international parties doing business with Indian counter-parties. To enable it to provide the most effective administration of global arbitrations, the LCIA also plans to develop its casework teams in London to ensure that they possess the legal, language and cultural expertise necessary to service all of our target markets, including India. Such a geographically focussed approach, together with today’s enhanced electronic communications makes it unnecessary to have a physical presence on the ground in India.

The LCIA will fully support existing cases. From 1 June 2016 these cases will be administered from London. Similarly, new referrals under the LCIA India Rules based on existing contracts and arbitration and mediation clauses (as at 1 June 2016) will be administered from London on the basis of the LCIA India Rules.

Going forward, referrals based on contracts concluded after 1 June 2016, which contain clauses referring to LCIA India, will not be accepted for administration and the LCIA India Rules will be amended to that effect. The LCIA would of course be willing to administer such cases using the LCIA Rules if the parties agree.

The LCIA Court has always been the supervisory authority overseeing LCIA India’s casework. This supervisory role relates to such matters as the selection and appointment of Tribunals, determining challenges to arbitrators and controlling costs. The LCIA Court will continue to perform this vital role in connection with all LCIA India cases.

The LCIA will continue to organise symposia and events in India and promote arbitration and ADR in the region and is currently planning an event to take place in India in April 2016. As part of the LCIA’s commitment to arbitration in and in relation to India, Sherina Petit, of Norton Rose Fulbright (London), joined the LCIA Board of Directors in December 2015. Current members of the LCIA India Users’ Councils, who are not also members of an LCIA Users’ Council, will automatically have their membership converted to that of the LCIA Asia-Pacific Users’ Council, and will continue to receive benefits of membership, which include receiving the scholarly journal “Arbitration International”.

Jackie van Haersolte-van Hof, Director General, LCIA


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