London based arbitration for international commerce. James Clanchy FCIArb

international commercial arbitration

London based international commercial arbitrator

James Clanchy, FCIArb. London based arbitrator in independent practice

James Clanchy FCIArb. London based arbitrator in independent practice: shipping, trade, commodities

As a lawyer with a background in shipping, international trade, and commodities, having served for four years as the Registrar of the London Court of International Arbitration (LCIA), and now practising as an arbitrator, I know my way around ad hoc, trade association and institutional arbitration. Whether the seat is in London or elsewhere, I know how best to use the features of each type of arbitration to meet parties’ expectations. 

No longer practising as a solicitor, I am an Associate Member of Six Pump Court chambers in London and an Aspiring Full Member of the London Maritime Arbitrators Association (LMAA).

Contact me on +44 (0)7704 658508 or email jclanchy@jamesclanchy.com.

James Clanchy: profile

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  • International commercial arbitration – 25 years as solicitor, arbitrator, case assessor, claim handler 
  • Aspiring Full Member of the London Maritime Arbitrators Association (LMAA) 
  • In independent practice as an arbitrator – no longer attached to a law firm, conflict free and available 
  • Competitive rates – independent arbitrator committed to cost effective resolution of disputes
  • Registrar of the London Court of International Arbitration (LCIA) 2008 – 2012 – valuable insights  
  • Four years in Paris in 1990s and admitted as avocat 1994 – 2008 - practical experience of civil law 

Arbitration Expertise

  • Ad hoc and institutional – appointments by parties, institutions, and by the President of the LMAA 
  • Law, procedure, and regulation – writer and speaker on policy and developments in arbitration 
  • International trade – cases involving sale and purchase, transport and insurance of commodities 
  • Oil and gas – LCIA and ad hoc arbitrations re exploration, production, transportation, sale and purchase 
  • Shipping – charterparties, bills of lading, MoAs, collisions and engine breakdowns, dangerous cargoes 
  • Cruise and travel – outsourcing contracts, employment, trade disruption and liability insurance claims 
  • Joint Ventures – ICC, LCIA and ad hoc arbitrations in shipping, oil and gas, and construction industries 
  • Africa – cases for traders in Algeria, Libya, Nigeria, Senegal, Mali, Côte d’Ivoire, Malawi, South Africa

Career summary

  • Apr 2016 -   :  LEXISNEXIS (BUTTERWORTHS LTD), London
    Professional Support Lawyer, Lexis®PSL Arbitration (part time)
  • 2015 – 2016:  STEPHENSON HARWOOD LLP, Solicitors, London
    Senior Associate, International Arbitration Group
  • 2012 – 2014:  THOMAS MILLER & CO LTD, London
    Senior Legal Advisor, Thomas Miller Legal (ATE Insurance and Third Party Funding)
  • 2008 – 2012:  LONDON COURT OF INTERNATIONAL ARBITRATION (LCIA), London
    Registrar and Deputy Director General
  • 1994 – 2008:  HOLMAN FENWICK WILLAN, Solicitors, London
    Senior Associate, Trade & Energy Group
  • 1988 - 1994:  WITHERS, Solicitors, London and Paris
    Trainee and Assistant Solicitor (litigation and arbitration)

Expertise

Shipping

- Four appointments by LMAA President as sole arbitrator in time charter disputes;
- Party appointments in five LMAA arbitrations: Bills of Lading, MoAs, ship management;
- Institutional appointment as sole arbitrator by Danish Institute of Arbitration: bunker supply dispute.

As solicitor, acted for shipowners, charterers, P&I and Defence Clubs, ship managers, cargo insurers, port agents, shipbrokers, and cruise operators in contractual disputes in ad hoc arbitration (LMAA), LCIA, Commercial Court in London, Chambre Arbitrale Maritime de Paris, collaborated with and supervised lawyers in French courts, Belgium, Netherlands, Germany, Malta, Cyprus, Algeria, Tunisia, Nigeria, Liberia, Bénin, Ghana, South Africa, UAE, Hong Kong, Singapore, South Korea, Thailand, Pakistan, India, Canada, USA.

Visited vessels (containers, general cargo, reefer, cruise, superyacht), took evidence and attended court in Rotterdam, Antwerp, Paris, Le Havre, Rouen, Nantes, Marseille, Naples, Valletta, Algiers, Tunis, Istanbul.

Commodities

- Appointed by LCIA Court in a DIFC-LCIA arbitration (Dubai seat): metal trading dispute;
- Arbitration panel member, Minor Metals Trade Association.

As solicitor, acted for producers, traders, shipowners, charterers, and cargo insurers in LCIA, GAFTA, FOSFA, RSA, LMAA arbitrations, mediations and court in relation to sale and purchase, production sharing, carriage and insurance of crude oil, rice, corn, wheat, soya beans, palm oil, sugar, steel, scrap metal, cement.

Substantial experience in the sale and carriage of rice and corn to North and West Africa from eg India, Vietnam, Thailand, Ukraine, acting for traders, brokers, charterers, and underwriters in numerous disputes relating to quality and condition, certificates final, moisture damage, infestations, dangerous cargoes, rejection of goods, frustration of contract, performance bonds, working with local correspondents and experts.

Arbitration Law & Procedure

As solicitor, in Commercial Court in London, obtained and challenged anti suit injunctions for breaches of London arbitration clauses; Arbitration Act 1996, s44 applications for preservation of evidence; ss67 and 68 challenges to arbitration awards; in France, obtained saisies conservatoires as security for arbitration claims.

As LCIA Registrar, oversaw the administration of more than 1000 arbitrations under LCIA and UNCITRAL Rules, including appointments of tribunals, challenges to arbitrators, determination of arbitration costs; assisted the LCIA Court with revisions to the LCIA Arbitration Rules.

At LexisNexis UK, maintain practical guidance content on arbitration rules and arbitration case law.

Talks

Speaker on arbitration, costs, and third party funding at conferences in UK (CIArb, LCIA, IALS), France, Hungary (2009), Poland (Warsaw University, 2010), Ghana (2010), Russia (English Law Week, Moscow, June 2011), Norway (ITechLaw, Oslo, October 2011), Croatia (Croatian Arbitration Days, Zagreb, December 2015), Denmark (ICMA XX, September 2017), Turkey (Altinbas University, October 2017), Slovenia (UNCITRAL-LAC joint conference, March 2018), Portugal (CIArb European Branch, April 2018), Ukraine (LMAA-ICAC joint conference, Odessa, September 2018), USA (ABA Section of International Law, Washington DC, April 2019).

Lecturer on GAFTA training courses for traders and arbitrators in Tripoli (Libya), Madrid, Cambridge, London.

Book & Articles

- Co-author of A Commentary on the LCIA Arbitration Rules 2014 – published by Sweet & Maxwell (2015) (“excellent and authoritative”, Global Arbitration Review; "helpful and clear", Law Quarterly Review)

- Money makers: Can third party funding in arbitration diminish the menace of the unfunded claimant?, New Law Journal, Vol 166 7704, 24 June 2016
- Navigating the Waters of Third Party Funding in Arbitration, Arbitration, Vol 82, No.3, Aug 2016, pp222-232
- Rigorous steps short of champerty, New Law Journal, Vol 167 7738, 17 March 2017
- Conflicting Perceptions of Ethics in International Arbitration, with Cherine Foty, Arbitration, Vol 85, No. 2, May 2019, pp185 - 202.

EDUCATION / qualifications / MEMBERSHIPS

  • 2015    Chartered Institute of Arbitrators, London 
    Admitted as a Fellow (FCIArb), November 2015 
  • 1991-93 Ecole de Formation du Barreau, Paris
    Stage Conseil Juridique (French bar training course)
    Admitted to the Paris Bar (Avocat à la Cour), Sep 1994 (withdrew from roll in 2008) 
  • 1990   Solicitor (England and Wales)
    admitted November 1990
  • 1986-88 City of London Polytechnic
    Law Society Final Examination
    Common Professional Examination 
  • 1982-86 St Anne’s College, University of Oxford
    BA and MA, Classics and Modern Languages (French)
  • Languages: English (native), French (fluent, including commercial, legal, maritime)
  • Memberships: LCIA (European Users’ Council); LMAA (Aspiring Full Member); Emirates Maritime Arbitration Centre (EMAC) (Arbitrators Panel); Chartered Institute of Arbitrators (London Branch, committee member; Professional Conduct Committee); Worshipful Company of Arbitrators (Freeman); Commodities Arbitration Club; Francophone Arbitration Club of London (co-organiser)

Click the link below to download James Clanchy's CV as a PDF.