Lawyer Monthly - October 2024

domestic court judgments. It is private, flexible, and allows parties to choose their arbitrators. Its popularity is evident in the fact that almost every law firm now boasts specialist international arbitration practitioners, unlike when I began when only a few firms were involved. There is always room for improvement in international arbitration, which is influenced by both local laws and international treaties, and conducted by lawyers from various jurisdictions with differing backgrounds and preferences. This complexity, coupled with the parties’ ability to seek court support varying by jurisdiction, presents opportunities many for enhancements. What international arbitration needs now is participants who are honest and respect basic ethical norms, of which there are none that are codified and binding. The system is vulnerable to abuse by indifferent or lazy actors—be they parties, counsel, witnesses, or arbitrators. I often witness the erosion of integrity in international arbitration and have frequently written about it and addressed audiences about the dangers of bad faith conduct. It’s concerning that instances of misconduct are now emerging in courts at an alarming rate. Given that many abuses are hidden, we must question how many cases are wrongly influenced by undiscovered bad faith conduct. I believe this issue will gain increasing attention, leading to efforts to create binding and enforceable standards for participants that are transparent and capable of being policed. What do you find most rewarding about working in international arbitration? It is rewarding to play a role in preserving and enforcing clients’ rights and defending them against unmeritorious claims. Winning complex, high-value, or prominent cases in the public domain is particularly gratifying. I also find it fulfilling to manage teams of exceptionally talented young lawyers in my firm. Clients are often highly intelligent and masters Navigating bad facts is a skill in itself, and every case has them. Delivering strategy through written briefs and presenting to experienced arbitrators is stimulating and satisfying—it’s where the adrenaline and excitement kick in. I love it. of their respective industries, making interactions rewarding. Many cases involve domain-specific experts from whom I can learn about new subjects and industries—a bonus in my practice area. Perhaps the most rewarding aspect is strategising with clients on how to win their cases, considering the many moving parts and pressure points that often lie outside the arbitration. Navigating bad facts is a skill in itself, and every case has them. Delivering strategy through written briefs and presenting it orally to experienced arbitrators is stimulating and satisfying—it's where the adrenaline and excitement kick in. I love it. How do you balance the demands of high-profile arbitration cases with personal life and wellbeing? I wish I could say I have mastered the balance between work and family pressures, but I haven’t. Few understand the pressures of representing or opposing sovereigns, blue-chip corporations, or ultra-high-net-worth individuals. I’ve faced threats and challenging situations more times than I would like. High stakes often lead individuals to stop at nothing for an advantage, creating corrupting influences that international arbitration could do without. These pressures are often overlooked by those not regularly engaged with the most complex and challenging cases in this relatively unregulated field. To maintain some balance I employ coping mechanisms such as doublepartnering my largest cases to ensure clients have access to partners even when I’m unavailable. I also rely on the younger team members who consistently rise to the occasion. A sense of humour helps alleviate stress and I find that developing personal connections with clients is crucial. Enjoying their personalities and building strong teams fosters a collaborative environment, significantly enhancing my job satisfaction. WWW.LAWYER-MONTHLY.COM 15

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