The London Court of International Arbitration (LCIA) is producing a series of “Perspectives” throughout 2018 to commemorate the 125th anniversary of the formal inauguration of “The City of London Chamber of Arbitration,” which evolved into the LCIA.
As the fourth installment of the series, the director of the LCIA, Dr. Jacomijn van Haersolte-van Hof, and WilmerHale Special Counsel and Professor Maxi Scherer discuss current issues in international commercial arbitration, including arbitrator challenges, tribunal secretaries and diversity.
Part one of the interview introduces Professor Scherer's educational background, and her career as a prolific arbitration practitioner and distinguished academic. Part two reviews challenges under LCIA Rules and the LCIA Challenge Decision Database published earlier this year. Professor Scherer and Dr. van Haersolte-van Hof examine the value of providing reasoned decisions to parties and providing anonymized decisions to the public.
On 26 October 2017, the LCIA introduced changes to the tribunal secretaries section of its Notes for Arbitrators. These changes emphasize the central role of communication and consent in appointing a tribunal secretary, and ensure that parties are given the opportunity to have their say. Part three of the interview explores Professor Scherer's personal experience with the use of tribunal secretaries, and her involvement in the LCIA's recent tribunal secretaries event in Paris.
In the final part of the interview, Dr. van Haersolte-van Hof and Professor Scherer reflect on whether current approaches to diversity and inclusion in the field of international arbitration necessarily lead to equality.