LCAM—pre-commencement considerations and starting an arbitration under the LCAM Rules

Copyright © 2025 LexisNexis
Produced in partnership with Kirtan Prasad of RPC and Shai Wade of RPC
Practice notes

LCAM—pre-commencement considerations and starting an arbitration under the LCAM Rules

Copyright © 2025 LexisNexis

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

Practice notes
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Pre-commencement of an arbitration under the LCAM Rules

Mediation

Article 6 of the 2022 LCAM Rules encourages, but does not compel, parties to attempt in good faith to resolve the dispute through mediation either before or following the commencement of arbitration proceedings.

LCAM has published a model Arb-Med-Arb clause to complement this provision. Both the LCAM Rules and the model clause refer to the LCAM’s Model Mediation Procedure under which a mediation may be administered.

Although the 2022 LCAM Rules have not made it compulsory for parties to attempt mediation before proceeding to arbitration, the express reference in the LCAM Rules may encourage parties to consider mediation as an option. If mediation fails, the parties may nevertheless continue with the arbitration proceedings.

Contractual pre-requisites to arbitration

Parties ought to carefully consider and comply with contractual pre-requisites to arbitration. This may include the obligation to provide notice or the obligation to enter into negotiations or discussions prior to the commencement of an arbitration.

Although in the vast

Kirtan Prasad
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."

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Shai Wade
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. 

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