Kirtan Prasad
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."
Practice Area
Panel
- Contributing Author
Experience
- Clyde & Co (Classis LLC) (JLV), Singapore (2011 - 2013)
- Allen & Overy LLP (Singapore and subsequently London) (2013 - 2018)
- RPC LLP (London) (2019 - Present)
Membership
- CiArb (Member)
Qualifications
- Advocate and Solicitor (not practicing), Singapore (2011)
- Attorney (not practicing), New York State (2012)
- Solicitor, England and Wales (2019)
Education
- National University of Singapore (2010)
- New York University (2010)
9 Contributions by Kirtan Prasad
PRACTICE NOTES
LCAM arbitration awards and decisions: tribunal decision-making, award formalities, time limits, separate awards, settlement and termination, and post-award correction and interpretation
Awards
Article 36 outlines the rules governing the power to issue awards and determinations, setting the general framework for decisions generally.
Decision making
Where the Arbitral Tribunal consists of a panel of three or more arbitrators, its awards or other determinations are to be decided by a majority of the Tribunal (Article 36.1). Under Article 36.2, the Arbitral Tribunal may resolve to authorise the Chairperson to make procedural rulings alone. Any such arrangement ought to be notified to the parties, commonly by way of a procedural order...
Arbitration
PRACTICE NOTES
LCAM Arbitration Costs: Registration Fee, Arbitrators’ Hourly Rates, Administrative Fees, Expenses, Advances on Costs, Determination Procedure and Cost Allocation under the LCAM Rules
Costs of the Arbitration
Under the LCAM Rules, the “Costs of the Arbitration” comprise three elements:
the fees of the Arbitral Tribunal
the Administrative Fee (which includes the Registration Fee)
the expenses of the Arbitral Tribunal and LCAM (Article 44.1)
The amounts for each are detailed in the Schedule of Costs at Appendix II.
Registration Fee
LCAM’s Registration Fee is £1,500, as set out in Appendix II, Article 1 of the Rules. This fee is applied as a credit towards the Advance on Costs payable by the Claimant under Article 46. If the Registration Fee is not paid when the Request for Arbitration is filed, the Secretariat will specify a deadline for payment. If it remains unpaid after that period, the Secretariat will dismiss the Request for Arbitration. Where the Registration Fee has not cleared, the arbitration will not be treated as commenced, even if LCAM has received the Request for Arbitration.
Fees of the Arbitral Tribunal
LCAM arbitrators’ fees are assessed by reference to the time they devote to the arbitration...
Arbitration
PRACTICE NOTES
LCAM Arbitration Procedure: Case Management, Jurisdiction, Bifurcation, Early Dismissal, Submissions, Evidence, Hearings, Costs and Award Timeframes
Procedural directions and timetable
Once the LCAM Board has confirmed the appointment (Article 18.1), the LCAM Secretariat passes the matter to the Arbitration Tribunal. Under the LCAM Rules, the Arbitral Tribunal enjoys broad latitude in shaping the procedure and managing the progress of the arbitration. Articles 19.1 and 19.2 provide that, subject to the Rules and any party agreement, the Tribunal may run the arbitration as it deems suitable, provided it acts impartially, pragmatically and expeditiously, while ensuring each party has an equal and reasonable opportunity to present its case. This discretion must be exercised within the framework of the LCAM Rules and any arrangements reached by the parties, and at all times the Tribunal should balance efficiency with fairness. Nevertheless, there are several key features of the LCAM Rules that both the Tribunal and the parties should keep in mind.
Timeframes
Article 24 states that, once the case has been referred to the Arbitral Tribunal, it must promptly consult the parties with a view to fixing a ‘provisional’ timetable for the conduct of the arbitration, and thereafter circulate the timetable to the parties and to the LCAM Secretariat...
Arbitration
PRACTICE NOTES
LCAM consolidation and joinder: Board and tribunal powers, multi-contract Requests, consent requirements, criteria, costs and awards
Consolidation and Joinder
The LCAM Rules adopt a more restrained (and plain) position on joinder and consolidation, by comparison with the wider powers afforded under some of the other arbitral institutions’ rules elsewhere. Under Consolidation Article 11.1, where two or more arbitrations are initiated that relate to a legal relationship binding the same parties, the LCAM Board may, upon a party’s application, resolve to merge those arbitrations. Any such determination is contingent on prior consultation with the parties and the Arbitral Tribunal(s), if already constituted therein...
Arbitration
PRACTICE NOTES
LCAM Expedited Arbitration Rules 2022: practitioner guide to documents-only procedure, appointment, timelines, default London seat and costs recovery caps
Background
Several arbitral bodies, including UNCITRAL, have in recent years introduced expedited or fast‑track regimes aimed at lower‑value claims and at parties seeking to avoid a protracted arbitration process. Ordinarily, such frameworks compress the timetable, with a final award expected to be issued within three or six months of commencement. For a general discussion of Expedited Rules, refer to Practice Note: Expedited (aka fast‑track) arbitration. This note reviews LCAM’s Expedited Arbitration Rules (the Expedited Rules), which have been in force since 1 September 2022; see also Practice Note: LCIA (2020)—guidance on creation of a fast‑track procedure. Under Article 1.2 of the Expedited Rules, the scheme comprises a complete, self‑contained, documents‑only route for the resolution of disputes through arbitration before a sole arbitrator appointed by LCAM. The LCAM‑administered process under the Rules is designed to be straightforward, accelerated and cost‑effective. These pathways are chosen for low‑value disputes and where parties wish to minimise delay further...
Arbitration
PRACTICE NOTES
LCAM jurisdiction challenges: Board screening for manifest lack versus Tribunal determinations, timing of objections and right to court review under section 67 Arbitration Act 1996
Under Articles 9.1 and 10, the LCAM Board may decide that LCAM plainly has no jurisdiction over the dispute and, accordingly, may dismiss the case, in full or in part, as appropriate. Article 19.3 of the LCAM Rules likewise affirms that an arbitral tribunal can determine its own jurisdiction. Accordingly, a party may invite the LCAM Board to dispose of the matter on jurisdictional grounds, thereby avoiding the time and expense of constituting an Arbitral Tribunal at that stage. However, the Board will exercise this authority to decide any alleged ‘manifest lack of jurisdiction’ only before the case is referred to the Arbitral Tribunal under Article 18, and not after that procedural step. Once referral occurs, it is anticipated that all questions of jurisdiction should be addressed by the Arbitral Tribunal rather than by the Board. While it might seem more efficient to ask the LCAM Board at the outset to decide and dismiss a claim for want of jurisdiction, the permissible bases for such a challenge are, by necessity, narrow and tightly constrained...
Arbitration
PRACTICE NOTES
LCAM Rules: A practitioner's guide to appointing, confirming, challenging, releasing and replacing arbitrators, including tribunal composition, multi-party cases, qualifications, impartiality and independence
Procedure for appointment of the Arbitral Tribunal
The process for constituting the Arbitral Tribunal starts once the LCAM Board has the Respondent’s Answer and, where necessary, any additional information it has requested under Article 5. Under Article 13.2 of the LCAM Rules, the parties are free to agree any method for appointing the Arbitral Tribunal. If, however, the parties fail to agree the number of arbitrator(s) or who they should be within the deadline they have set, the LCAM Rules provide for the appointment of an arbitrator, as described below.
Every appointment in LCAM arbitrations, whether made by the parties or by the LCAM Board, requires the LCAM Board’s confirmation (Article 13.1) once the arbitrator’s statement of impartiality has been received. That confirmation is at the LCAM Board’s absolute discretion, and the parties cannot contract out of this requirement.
Number of arbitrators
Where the parties have not determined the number of arbitrators under the LCAM Rules, the default composition of the Arbitral Tribunal is a sole arbitrator...
Arbitration
PRACTICE NOTES
LCAM Rules: arbitral tribunal duties, impartiality, confidentiality, jurisdiction, case management, evidence, interim measures, hearings, awards and costs
Duty of impartiality and independence
Each member of the Arbitral Tribunal is required to remain unbiased and independent of the parties (Article 14.1). In broad terms, the Tribunal enjoys discretion to manage the arbitration as it deems suitable, provided it complies with the LCAM Rules and any arrangement between the parties (Article 19.1). That discretion is constrained by a duty to conduct the proceedings in an impartial, practical and swift manner, giving every party an equal and reasonable chance to put forward its case (Article 19.2). Although the expression ‘impartial, practical and expeditious’ is not commonly found in the rules of other well established arbitral bodies, it does not, in substance, differ from the familiar requirements of fairness, efficiency and expeditiousness recognised elsewhere.
Statement of impartiality
Before appointment, any proposed member of the Arbitral Tribunal must sign a declaration of impartiality and independence, and disclose any circumstances that could give rise to justifiable doubts about their impartiality or independence from the perspective of the parties. If that individual is appointed as an arbitrator, they must then submit to the LCAM Secretariat a signed statement confirming impartiality, independence and availability (Article 14.2)...
Arbitration
PRACTICE NOTES
London Chamber of Arbitration and Mediation (LCAM): history, adoption and governance; key rules, Board case management powers and Secretariat functions, including expedited and blockchain procedures
Background
The London Chamber of Arbitration and Mediation (LCAM) is a London-based institution that delivers administrative support for resolving disputes. It operates under the auspices of the London Chamber of Commerce and Industry (LCCI), as part of LCCI’s longstanding commitment to arbitration and dispute resolution work. Founded in 1882, LCCI set as one of its stated aims the undertaking of arbitration and the settlement of disputes arising from trade, commerce, or manufacture. While LCAM might look like a comparatively recent addition, it is in reality a revival of the arbitration scheme created by LCCI in 1903, then known as the London Chamber of Arbitration. The City of London Corporation endorsed that scheme, and the Institute of Arbitrators also took part in its management. Up to 28 November 2016, by-law 6.01 of the London Chamber of Commerce stipulated that disputes brought to the Chamber for arbitration were to be treated as references to arbitration under the LCIA Rules. Only a limited number of arbitrations were directed to LCIA arbitration under that clause, and it remains unknown whether any such references are still ongoing...
Arbitration
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