London Court of International Arbitration (LCIA) shuts down in India after tiny uptake

Rowley in Delhi today ends LCIA India chapter
Rowley in Delhi today ends LCIA India chapter

The London Court of International Arbitration (LCIA) will shut down its India-based operation after a lack of uptake.

The decision was made in January of this year; LCIA India registrar Ajay Thomas left the LCIA late last year.

“We just have to accept that it is not going to be an economic offering. We simply didn’t have enough cases,” said LCIA board chairman Bill Rowley QC, of barristers chamber 20 Essex Court today at an event in Delhi.

“That doesn’t mean that LCIA India [arbitration] clauses were not written,” he noted, adding that a number of LCIA India arbitrations were afoot and would continue being supervised from London.

But after 1 June of this year the LCIA will not administer any new cases with new LCIA India arbitration clauses, though it would honour existing LCIA India clauses in contracts.

LCIA director general Jackie van Haersolte-van Hof added: “Had there been many cases [in India] that decision would never have been made. The reality is that we haven’t seen enough evidence of cases arising.”

“It’s been many years that we’ve been here. If you look at those numbers (of cases), the market has had the opportunity to take up these clauses and decided the time wasn’t right,” she said. “There weren’t enough clauses to justify having a separate offering here.”

The board had to decide whether it would continue with “a two track path” of standard LCIA cases and LCIA India cases, or whether to just roll everything into the main LCIA institution, which would continue to offer arbitrations in any location but simply managed from London, said van Haersolte-van Hof.

The board chose the latter, since LCIA India cases never managed to exceed the number of cases under standard LCIA rules with Indian parties.

To be updated.

Comments

Wah 7 Apr 2016, 15:21
+6 -1
Good kian. You were the standard bearer of legal reporting but last 6 months or so bar and bench was really creaming you. Last few days you have been getting some great stories this included. Rooting for you. Come on..get back up on the horse!
kianganz 8 Apr 2016, 10:00
+1 -0
Thanks. Though while I agree we had slowed down a bit the last 6 months, I think 'creaming' is rather hyperbolic used in that context. :)
Brian Freeze 7 Apr 2016, 16:41
+2 -0
The fact that this has only now turned up on Legally India, validates the LCIA's beliefs.
kianganz 8 Apr 2016, 08:40
+0 -0
Hehe, yeah, was actually about to write about Ajay leaving late last year and LCIA India shutting down for the last month but didn't get around to it. Anyway, better late than never, and they held a nice event yesterday too :)
ATHOM 7 Apr 2016, 18:02
+3 -2
LCIA should take responsibility for this failure. If they were serious about LCIA India, they should have made investments and staffed it with top talent. An institution is only as good as the people who work there. Lesson for other arbitration institutions.
2 cents 8 Apr 2016, 06:27
+4 -0
Agree.

To add on ... it was a foolish move to launch a separate LCIA India Rules, when LCIA Rules with India seat could have been managed by an India office. If there were cognet reasons to launch a separate LCIA India Rules, then it was too early to bury LCIA India given that disputes do not necessarily happen within a couple of years of an agreement. Also, not enough effort was made to make LCIA India clauses popular, except by bandying up to some partners in top firms.
Guest 8 Apr 2016, 06:41
+3 -2
If the Registrar was unable to bring enough business in 6 years, he should have been replaced with someone reputed much earlier. Clearly incompetent.
+1 8 Apr 2016, 20:24
+1 -0
Agree 100%. But LCIA London has to take the blame. They can't expect to be successful without significant investment. And the reason they could not get a competent registrar or staff was because good people don't work for peanuts!
Gusher 8 Apr 2016, 09:12
+4 -0
I can't fail to see the irony in a country of billion plus which has almost a case in the judicial system per inhabitant failing to provide enough cases to this alternate dispute resolution forum.

BTW, why are Indian companies running to SIAC. From a trickle there is now a gushing torrent...!
Guest 26 May 2016, 09:30
+0 -0
Agree that LCIA India could have done far more to make themselves relevant, spending time on widespread publicity. It is highly irresponsible for an arbitral institution to shut shop like this. This will hurt the credibility of other arbitral institutions in the future. Not sure how the London office will "administer" claims arising out of their dispute resolution clauses.

On a lighter note, how does one expect to establish a lit practice in 5-6 years! :)