ArbitralWomen Newsletter

Uniting and promoting women in dispute resolution www.arbitralwomen.org Issue 33 | June 2019

Inside Issue Nº 33 ArbitralWomen’s 2019 Annual General Meeting in Vienna, the Vis Moot, and President’s Column 2 more! Women Leaders in ArbitralWomen held its Annual General Meeting (AGM) in Vienna Arbitration: Cecilia 3 on 14 April 2019 kindly hosted by the law firm Knoetzl. The AGM Flores Rueda followed a successful morning event co-organised by Knoetzl and Vis Moot and Vis East ArbitralWomen on Careers in International Arbitration attended by 5 2019 more than 100 practitioners, arbitrators, academics, in-house law- Report on 2019 AGM 10 yers and students. The Agenda included reports by ArbitralWomen Committees on the Association’s work and activities in 2018 and Reports on Events 15 early 2019, while looking forward to continuing our good work and initiatives.

Interview with Cecilia Flores Vis Moot 2019 ArbitralWomen 2019 AGM Rueda

Page 3 Page 5 Page 10 June 2019 Newsletter

President’s Column

2019 during the Vis Moot. This re- This has been a busy first port describes both the AGM itself, half of 2019 for ArbitralWomen kindly hosted by Knoetzl, as well and its Members! We have re- as the work of the ArbitralWomen ceived so many reports on events Board generally in 2018. in early 2019 from Members that Fourth, we have a section ded- we cannot cover them all in one icated to reports on events submit- Newsletter issue. In this respect, ted by our Members. As previously our June 2019 Newsletter is Part 1 of 2 (we will publish another mentioned, due to the many number of reports, the date Newsletter in July 2019 containing the additional event reports). span for such events in this issue is mainly through March In this issue, first we feature an interview ofCecilia Flores 2019. Reports from Members on events since April 2019 will Rueda, an arbitration expert from Latin America who has be published in our July 2019 Newsletter. served in a number of roles in the dispute resolution com- Finally, in our section on Women’s Initiatives in Their munity. In her interview by ArbitralWomen Board Member Workplace, we report on Shearman & Sterling’s work Maria Beatriz Burghetto, Cecilia describes her experience to promote professional equality and diversity. In March leading the Mediation and Arbitration Centre of CANACO in 2019, Sherman was awarded the inaugural Grand Prize for Mexico City, her perspectives on gender diversity in Latin Professional Equality from the Paris Bar in recognition of its America and experience as a practitioner and arbitrator, her contribution to the promotion of equality. The firm’s work in career advice for women and what she sees as the future of this area and the group Shearman#Elles is described in this international dispute resolution. section, with comments by Yas Banifatemi and Emmanuel Second, we continue our tradition of annually publishing Gaillard of Shearman’s Paris office. news and reports on the Vis Moots. ArbitralWomen has This Newsletter is the result of the incredibly hard work supported teams participating the Vis Moots for many years. and dedication of our Newsletter team lead by Board Member In this section, we present the Moot Directors’ Board Report Erika Williams. As you read this, the Newsletter team is busily by Juliette Fortin, Affef Ben Masour and Karen Mills that preparing the July 2019 Newsletter. Many thanks to all who describes ArbitralWomen’s work in this area, together with make our Newsletters possible! reports from a Vis East Moot Arbitrator and several teams whose financial sponsorship was provided or coordinated by ArbitralWomen, including the Diplomatic Academy of Vietnam, Hidayatullah National Law University, University of Lagos, and University of Costa Rica. Dana MacGrath, Bentham IMF Third, we report on the 2019 ArbitralWomen Annual DanaArbitralWomen MacGrath President General Meeting (AGM) that took place in Vienna on 14 April

2 Women Leaders in Arbitration Cecilia Flores Rueda

ArbitralWomen Board member, María Cecilia has been practicing law for the past 20 years in Beatriz Burghetto, interviewed Cecilia Flores private practice, as officer of an arbitration institution Rueda, one of the arbitration practitioners featured and as arbitrator. We share with our readers Cecilia’s in ArbitralWomen’s Women Pioneers in Dispute wide-ranging experience. Resolution, 2nd edition, and a fellow Latin American.

Can you tell us about your experience at the every time the Commission is expected to appoint or pro- Mediation and Arbitration Centre of CANACO, pose arbitrators, it endeavours to include them among the Mexico City National Chamber of Commerce? candidates. However, there is still a long way to go, for users I joined CANACO as Secretary General in 1999 and stayed to decide on a female candidate. in that position for 6 years. I subsequently acted as member and, later, Director of the CANACO Mediation and Arbitration What can you tell us about your professional life Commission for a term of three years. I had no experience in after CANACO? arbitration prior to taking up the position of Secretary General, Upon leaving the Centre, I acted as counsel, representing so I can say I learned the ropes there and that experience was parties in international arbitrations. In 2006 I took part in the very useful later in my career. quantification phase of a very large arbitration, the largest in Latin America in terms of amount in dispute (CONPROCA v. Did you face any challenges in your positions at Pemex). After this, I joined a US based law firm as Of-Counsel CANACO? If so, what have been your major chal- and later, in 2015, I set up my own law firm, where I began lenges as a woman at the head of this organisation? to undertake more cases as an arbitrator, appointed both by At the time I joined CANACO, the Commission had just institutions and parties. I kept giving lectures and presentations been set up, even though the institution had administered on arbitration at international events. I have also been teaching arbitration cases for many years, but not in an organised arbitration for the past 20 years at the La Salle University’s manner. We had to organise the arbitration centre, modern- International Business Master. I am a member of the ICC ise its arbitration rules, establish the Commission, set up the Arbitration Commission and early in 2019 I was appointed to website, generally promote arbitration, in order to increase act as Counsel for the Institute of Transnational Arbitration. the number of cases managed by the Commission and also contribute to rendering the practice of arbitration more profes- What is the percentage of women in your opinion sional. Perhaps the major challenge was to convince potential acting as arbitrators, mediators, lawyers or else in users of the advantages of dispute resolution mechanisms. your environment or your country? As a woman, 20 years ago, it wasn’t easy to be head of Unfortunately, there are no statistics in Mexico in this an old guard chamber, giving directions and taking decisions. regard and there is not much mediation in Mexico, either; but Luckily, I had the support of the members of the Commission. I see more and more women in arbitration trying to break through and be considered in Mexico. A couple of years ago I Please tell us more about the CANACO Mediation acted as Chair of a very impressive all-female arbitral tribunal. and Arbitration Centre. Nevertheless, there are still occasions when only one or two The Arbitration and Mediation Rules of the Centre are women participate in arbitration cases. based on the UNCITRAL Rules. The Commission ad- ministers domestic and international arbitration You have been involved in international arbitration and mediation cases and, when it must appoint for 20 years. How has the field changed during that arbitrators or when parties ask for candidates, span of time in Mexico / Latin America / the World? it uses its database and chooses the right can- The community has realised the importance of including didate(s) for each case, depending on its spe- women for the benefit of the practice and there is increas- cific characteristics, to either appoint them or ing female participation, although there is still a long way propose a list of names to the parties. The to go. Indeed, female participation is notably increasing on Commission appoints foreign and foreign- conference panels, but it still needs to improve in arbitrator -based arbitrators. appointments. Also, several law firms have signed the Equal As to female arbitrators, although the Representation in Arbitration Pledge, but the important thing Commission has no express policy to ap- is to put it into practice. Parties themselves must be aware of point or propose women as arbitrators, the importance of having women in different roles, such as

3 June 2019 Newsletter arbitrators, lawyers, experts, because this enriches the debate of adversity or setbacks, which are part of life: you need to get and strengthens decisions taken in arbitration. the most out of these and rise, no matter how many times you fall, like the Phoenix from the ashes, with renewed passion, What do you see as the future of international dis- courage and perseverance. pute resolution? Hopefully, a field of equal opportunities, based on equal Is there any particular issue that you feel needs qualifications. immediate attention or is there anything else that you would like to share with our readers? Do you have advice for women seeking to further Just keep the spirit high, do not be discouraged! their careers in alternative dispute resolution? I would just note that the key is one’s attitude in the face

Interviews with Women Leaders in Dispute Resolution

ArbitralWomen has been in Latin America: Diana Droulers, Exec- Since then, we have consist- conducting and publishing interviews utive Director of the Arbitration Centre ently published interviews of other of many amazing women in dispute of the Caracas Chamber (Venezuela), prominent women leaders in dispute resolution since 2013. These women Carolina Diab, General Director of resolution: are inspiring role models who have CRECIG, Comisión de Resolución de Newsletter n°18 issued in June shared with us their experiences and Conflictos de la Cámara de Industria 2016 featured Alice Fremuth-Wolf insights. We take this opportunity to de Guatemala (Guatemala), and Karin Newsletter n°19 issued in provide a recap of the many inter- Helmlinger Casanova, Executive Dir- September 2016 featured Lucy Reed views that we have published in our ector and Secretary General of Arbitraje Newsletter n°20 issued in Decem- Newsletters to date. Internacional Santiago (Chili); ber 2019 featured Juliet Blanch The interview series started with Newsletter n°11 issued in July 2014 Newsletter n°21 issued in April women leaders of dispute resolution featured women leaders in Asia, all three 2017 featured Wendy Miles, QC institutions throughout the world. in Hong Kong: Chiann Bao, Secretary Newsletter n°24 issued in Newsletter n°7 issued in February General of the Hong Kong International January 2018 featured Deborah 2013 featured interviews with India Arbitration Centre, Wenying Wang, Tomkinson Johnson, President and CEO of the Secretary General of CIETAC Hong Newsletter n°25 issued in March American Arbitration Association Kong and Cheng Yee Khong, Director 2018 featured Cherie Blair CBE, QC (USA), and Sarah Lancaster, Registrar and Counsel, ICC International Court of Newsletter n°26 issued in June of the Court of Arbitration (UK). Arbitration, Asia Office; 2018 featured Lorraine Brennan The Newsletters that followed in- Newsletter n°13 issued in March Newsletter n°30 issued in Decem- troduced women leaders from four 2015 featured women leaders in Africa: ber 2018 featured Dana MacGrath distinct geographic regions: Megha Joshi, Executive Secretary/CEO Newsletter n°32 issued in April of the Lagos Court of Arbitration (Ni- 2019 featured Anne Joubin-Bret Newsletter n°9 issued in October geria), Bernadette Uwicyeza, Secretary Newsletter n°33 issued in June 2013 featured women leading dis- General of the Kigali International Arbit- 2019 featured Cecilia Flores Rueda pute resolution centres in Europe: ration Centre (Rwanda), Bintou Djibo Beata Gessel-Kalinowska vel Boli, Secrétaire Permanent Centre d’Ar- ArbitralWomen is delighted to Kalisz, President of the Lewiatan bitrage et de Médiation (Burkina Faso) have shared with its readers inter- Court (Poland), Annette Magnusson, and Coumba Diatigui Diarra, Director views with 28 women leaders in Director and Secretary General of the of the Conciliation & Arbitration Centre dispute resolution. Stay tuned for Arbitration Institute of the Stockholm of Mali (Mali). the upcoming interviews with other Chamber of Commerce (Sweden), and role models. Sophie Henry, Secretary General, Thereafter, in Newsletter n°14 is- Centre de Médiation et d’Arbitrage sued in May 2015, the series of inter- Mirèze Philippe — ArbitralWomen de Paris (France); views featured women leaders in the Vis Co-Founder & Board Member Newsletter n°10 issued in Feb- Moot and Vis East: Louise Barrington, Special Counsel, ICC International ruary 2014 featured women leaders Patrizia Netal and Ingeborg Schwenzer. Court of Arbitration

4 Vis Moot and Vis East 2019 In a continuing ArbitralWomen tradition of publishing news and reports of the Vis Moots every year, including two important issues dedicated to the Vis (see issues 3 and 14). This year we provide the Moot Directors’ Board Report and reports of some of those involved in the moots.

Moot Directors’ Board Report

Preliminary Remarks Universities to compete work very hard, Current situation over long hours, on top of their normal Each year ArbitralWomen provides courses. Many of our members assist as While in the first few years we were support for a number of teams compet- coaches in their jurisdiction, and/or sit able to fund only a few teams, in the ing in the Vis and Vis East Moot com- as arbitrators in the competitions, and past few years we have received some petitions, in Vienna and Hong Kong, are always impressed by the quality of support from law firms, other organisa- respectively, (and occasionally other these students’ work and performance. tions as well as individuals, which has Moot competitions) by covering the re- Hundreds of teams compete in the Vis allowed us to assist more teams. This gistration fees for such competitions. and Vis East Moot competitions, for past year ArbitralWomen were able to Teams may apply if they are constituted example. Originally the Vis Moot com- grant awards to 10 teams, instead of 8 of at least half female participants, and petition was held only in Vienna, but the previous year. Karen Mills, together the awards are given to those applicants 15 years ago one of ArbitralWomen’s with a team, has administered these with the greatest need, normally teams co-founders, Louise Barrington, initiated, awards each year. Since August 2018, from developing countries that do not and continues to administer a second Juliette Fortin and Affef Ben Mansour have sufficient funding or resources. Vis, the Vis East, in Hong Kong, to make took over from Karen, who continued to The Moot competitions provide law it easier for Asian teams to attend. The advise the new team. students with an invaluable opportun- success of the Vis competitions and other ity, effectively to handle a major inter- Moot competitions like the Foreign Direct Planning for the Future national arbitration, from pleadings to Investment International Arbitration argument, invariably involving tricky is- Moot is such that teams from all over We wish, once again, to thank the sues, both procedural and substantive. the world now compete in one or both sponsors for their very kind assistance, The students who are chosen by their Vienna and Hong Kong every year. which has made it possible for these teams to participate, and hope that they, as well as others, will be kind enough to sponsor teams for the next and many Recipients for the year 2018/2019: coming years. We look forward to hearing good re- We received 21 applications: from Belarus, Brazil, Costa Rica, Egypt, India, ports of our sponsored teams, and hope Indonesia, Iran, Nepal, Nigeria, United States, and Vietnam. that more firms will con- sider participating in this highly valuable Ten teams were awarded a funding: programme by helping ArbitralWomen sponsor more teams in the future. 1. Hidayatullah National Law University, India (Vis East) 2. Diplomatic Academy of Vietnam (Vis East) Moot Competitions Funding Annual Re- 3. Universidad de Costa Rica (Vis Moot) port for 2018-2019, submitted by Juliette 4. University of Indonesia (Vis Moot) Fortin, ArbitralWomen Board Member, 5. University of Lagos — Nigeria (Vis Moot) Managing Director, FTI Consulting, Paris, 6. Tribhuvan University — Nepal (Vis Moot) Affef Ben Mansour, ArbitralWomen 7. Pontifical Catholic University — Brazil (Vis Moot) Board Member, Independent Dispute 8. Allameh Tabataba'i University — Iran (Vis Moot) Resolution Lawyer, Paris and Karen 9. Cairo University — Egypt (Vis East) Mills, ArbitralWomen Board Member, 10. International University Mitso — Belarus (Vis Moot) International Counsel, Karim Sayah Law Firm, Jakarta for ArbitralWomen Annual General Meeting, Vienna, 14 April 2019

5 June 2019 Newsletter

Report from Vis East Moot Arbitrator

I had the honour of sitting and the ‘mooting’ culture itself, even in “mother” of Vis East, and great fig- as an arbitrator in the Vis East moot, civil law countries. ures in arbitration such as Karen and I am pleased to inform that the Also coming with the increase of the Mills, a leading practitioner in ar- 15th Vis East was a great success. The number of teams participating is the bitration and one of the members Vis Moot is a moot unlike any other; increase in number of women parti- of the Executive Committee Board it brought together people from cipants in the teams competing. In all membe of ArbitralWomen, also in diverse backgrounds — students, the teams I saw during the oral rounds, charge of the Moot grants for many lawyers, arbitrators, lecturers and the oralist that I personally thought was years, supporting the competition academics, common law and civil law the best was a woman. I had the honour and sitting as arbitrators. based, all in one event celebrating the to sit as an arbitrator to an all-women When I was a Vis ‘mootie’ myself, forum of arbitration for settlement team in the preliminary rounds, and I couldn’t recall a round where I had of international trade disputes. the team argued their case excellently. more than one arbitrator who is a The moot problem was designed Unfortunately, I did not have the honour woman sitting in a panel, though most to be able to be argued both ways to sit in an all-women panel of arbit- of the Honourable Mentions for Best (as it should be with every mooting rators, though two of the four rounds Oralist including myself were women. competitions), and it duly was. This where I sat as an arbitrator had another I certainly hope that my experience year’s moot problem revolves around woman in the panel. Nonetheless, I of seeing an increase in number of the issue of adaptation of contract in think this fact requires celebration. I women participants and arbitrators case of hardship — whether or not am hopeful, and quite optimistic that in Vis Moot represents a trend in adaptation was a remedy intended by these women participants will in the the arbitration practice; that is that the parties in cases of such hardship near future be practitioners, and even- as years go by, women are getting — and severability and applicable law tually maybe sit as an arbitrator more and more recognised as to the arbitration clause. in the mooting competitions. practitioners. I hope to see It is quite straightaway appar- As far as the Vis Moot goes, a day where an all-women ent from the oral rounds that the we can see that women team or all-women panel 15th Vis East saw an increase in the play such a pivotal role of arbitrators in Vis Moot number of participants (a total of in making the competi- would not be such a spec- 137 teams showed up for the oral tion happen — we have tacle anymore, and I think rounds this year). With this increase, Ingeborg Schwenzer, it is about time that we it goes without saying that the moot the former chair of expect it starts to happen. is growing more and more compet- the CISG Advisory itive; perhaps due to an upsurge Council, Louise Submitted by Rininta of interest in international dispute Barrington as Ayunina, Associate, resolution (in this case trade related), essentially the KarinSyah, Jakarta

Report from the Vis East Team of the Diplomatic Academy of Vietnam

Our greatest takeaway from ors helped us tremendously to improve truly eye-opening. We will keep many the Vis East Moot is how much we match after match. Most importantly, we interesting stories in our hearts as we learned from our peers and arbitrat- saw our strengths and at the same time go, as cultural sensitivity and awareness ors. We competed against teams from realised exactly what we could and had are crucial in building long-lasting and Bucerius Law School, Kobe University to improve on. meaningful relationships. School of Law, National Law University Another big part of our wonderful Vis East Moot, for us, is a self-initiated — Jodhpur and University of Basel, from experience at the Vis East is that we activity with the aim to develop our ca- whom we observe how to gracefully got the chance to meet a lot of friends pacity and knowledge in arbitration. We, present a problem and deal with ques- who share the same interest and drive thus, have to self-manage any costs and tions from the panel. After each match, for learning. Vis creates a platform for expenses related to the competition. This we saw which matters we did not delve students from different cultures to get is the biggest hurdle on our way; and as enough into, and all the precious feed- together. Knowing people and being cast third-year undergraduates, we could not backs and suggestions from the arbitrat- light on other cultures and values are have made it without the support from

6 ArbitralWomen and Reed Smith Paris. was genuinely encouraging for us to It’s no rambling, but financial situation know that a big firm like Reed Smith was a worry for us. Combine all the fees, saw our potential, our need and was and the total number was handsome. willing to help. Before we received the news from In the end, our team placed 54th the Vis Organiser about ArbitralWomen’s out of 137 teams. This was a humble funding opportunity, we had had meet- result. Still, all those past cycles of re- ings with several law firms in Vietnam searching – eureka moments – arguing and they told us to come back after we – writing – laughing at each other’s dark had finished writing the Memoranda. eye circles paid off. But what we received It was not a light feeling to know that lies far beyond these numbers, as we the financial problem could only be re- can keep the lessons in our tool-kit for solved a few months before the actual many years to come. And all of it could competition. And at the same time, it not have been realised without the help was quite distracting for us to focus of ArbitralWomen and Reed Smith Paris! on researching while having to save up for the competition. In fact, we all took Submitted by Diplomatic Academy of different part-time jobs to make some Vietnam Vis East Moot Team 2019 com- minor savings. Luckily, we were selected prised of Do Phuong Anh, Nguyen Thi to receive the funding from Reed Smith Minh Anh, Vu Thuy Duong, Nguyen Dieu Paris to cover our registration fee. That Linh and Phạm Thi Ha Van

Report from the Vis East Team of the Hidayatullah National Law University

Months after Vis ceived the Honourable East 2019 has culmin- Mention for the Best ated, the four mem- Memorandum award. bers of our team are None of this would still in a stupor. Our have been possible conversations still go had we not been given back to the experience the support from the that we had during 9 funding scheme, and months of preparation we are deeply grate- and the final week of ful to ArbitralWomen the competition. Our and our sponsors memories always go for back to exactly one that. Being a team of year back when we 4 girls, understand the used to contemplate importance that this how big a task it was to L to R: Pallavi Mishra, Anushka Verma, Shetty Neha Santosh and Varshini Sunder. scheme holds for rep- accomplish this presti- resentation of women gious moot. However, with our un- tion mail from ArbitralWomen receiv- in the world of Alternative Dispute deterred desire and inspiration we ing its support. After that moment, Resolution and we are happy wit- started our journey. With every small all of our doubts were conquered by nesses to the grandeur this institu- step, we used to be confident about the fact that we had to live up to the tion holds internationally. our preparation, but doubtful about confidence the institution had in us. the enormous finances to cover. And with that confidence, we surged Submitted by Hidayatullah National Within this conflict came a huge ahead with our preparations. All of Law University Vis East Moot Team blessing for us from ArbitralWomen. our efforts culminated in us being the 2019 comprised of Pallavi Mishra, The four of us were in different Octa-Finalists in Hong Kong and being Shetty Neha Santosh, Varshini Sunder cities when we got the confirma- ranked 13 out of 137 teams. We also re- and Anushka Verma.

7 June 2019 Newsletter

Report from the Vis Moot Team of the University of Lagos

as some schools have reached out as to how to set up arbitration so- cieties in their schools while some are already anticipating the 2020 Vis Moot problem and have enlisted us to help with the whole application process for the competition. On the flip side, I also got to meet amazing friends that I will never for- get in my life and special thanks go to the University of Ottawa as they took out time to have a practice round with us prior to our first hearing and L to R: Oladapo Mare, Ego-Osuala Amarachukwu Jane-Frances, Olanrewaju Soorefunmi, and Ojo also Team University of Lagos is espe- Bukunmi Stephen cially grateful to the following people I am really thankful for the This competition is one in which we Benjamin Werthmann, Hapradeen scholarship given to the University had to overcome several obstacles to Singh, Frank Hameering and Luciano which enabled us to participate at the participate, with the major one being as they basically made our stay in 26th Willem C. Vis International Com- the inability of two of our team mem- Vienna memorable. mercial Arbitration Moot Competition. bers to travel to Vienna due to visa is- This competition has imposed a Team University of Lagos was indeed sues. Despite this, I and my other team duty on me to ensure that Nigeria the first and only Nigerian University member competed against all odds is adequately represented at sub- to participate at this international and still came 297th out of 370 schools sequent editions of the Vis compet- competition and the experience that participated, with the highlight for ition and with the help of friends proved invaluable to me. me being the fact that I got a score of made during this competition such As my first exposure to interna- 97percent in my second hearing which schools will be able to compete at tional arbitration, it increased the made me the best speaker for that par- recognised international standards depth of my knowledge as it relates ticular hearing. Thank you ArbitralWomen! to international commercial con- Participating in this competition tracts with specific reference to the helped to really shape the outlook of ar- Submitted by University of Lagos Maritime Incoterms. bitration amongst universities in Nigeria team member Ojo Bukunmi Stephen

Report from the Vis Moot Team of the University of Costa Rica

“It’s not the destination. It’s first Central American team to make it the journey.” This quote, that many of to the elimination rounds. We knew us have probably heard before, has that if we wanted to make it that far been credited to American writer and in the competition we were going philosopher Ralph Waldo Emerson and to have to take things seriously. it definitely came true for the team from Accordingly, sacrifices had the University of Costa Rica, made up to be made: fun Fri- of five women and three men (two of day nights with which were our coaches), throughout friends, week- the process of preparing the 26th Vis ends to “relax”, Moot. This crazy journey of ours began and outings with when six (practically) strangers came to- family during va- gether with a common dream: Being the cation periods, were

8 L to R: Jorge Arturo González, Fabiola Ramírez, Ana Paula Prado, María Fernanda Cuevillas, Mariela Sanabria, Valeria Alvarado, Édgar Méndez (coach), Felipe Volio (coach) all traded in for crashing at the library but also advance further to the elim- to us to cover those costs took a lot of to research, sleepless nights of writing ination round of the best 32 teams. weight off our shoulders and gave us memorials, team meetings, and skype When the name of our University was an additional impulse to keep moving practice sessions with other teams. Oh, called out for the elimination rounds, forward. In a way, ArbitralWomen made and did I mention that at certain points an immense sense of joy filled us and it possible for us to officially embark it felt like we had also sacrificed our everything seemed to finally fall into on this unforgettable journey, which sanity? To say that some days we felt place. At the end of it all, we can only changed our lives forever and promoted like giving up is an understatement. express our most profound gratitude the participation of five women in this The journey ended up being a lot to ArbitralWomen. Very close to when important academic event in the realm harder than we imagined when we first registration fee was due, we had not yet of international commercial arbitration. begun; but it was also incredibly more been able to get the money to pay for interesting, fun, and rewarding than we it, which caused us a lot of additional Submitted by University of Costa Rica ever thought possible. No class that we worry. Thus, the economic help granted team member Valeria Alvarado take during our five years in University will be able to replace the knowledge and practical skills we gained through this experience. Thus, when we finally reached the destination, the end of what wound up being a very short journey in the larger scheme of things, every single sacrifice, doubt, and breakdown we experienced was 100% worth it. After so many months of hard work, when we got to Vienna we were ready to let go of the worry and enjoy ourselves. We did our best to simply relish every moment and make the best of it: the sometimes rocky, but fruitful journey behind us allowed us to do that. Against all the odds and obstacles we faced along the way, we were able to not only reach our original goal,

9 June 2019 Newsletter Report on 2019 AGM and the Board’s Work in 2018

ArbitralWomen held its Annual General Meeting (AGM) in Vienna on 14 April 2019 kindly hosted by the law firm Knoetzl. The AGM followed a successful morning event co-organised by Knoetzl and ArbitralWomen on Careers in International Arbitration attended by more than 100 practitioners, arbitrators, academics, in-house lawyers and students.

The AGM commenced at 12:00 The meeting continued with reports Conference and the New York Gala Vienna time and lasted approximately by various Task Forces and Committees Dinner) included Burford, Latham & 90 minutes. The Agenda included review of the Board. Dana MacGrath repor- Watkins and Sidley Austin. New York and approval of the 2019 ArbitralWomen ted on some of the activities in 2018 Gala Dinner Sponsors included Cabrera By-Laws and reports by some of the to celebrate ArbitralWomen’s 25th Cammarota, Debevoise & Plimpton, ArbitralWomen Committees on the As- Anniversary. The Jubilee was an oppor- Chaffetz Lindsey and White & Case. sociation’s work in 2018 and early 2019. tunity to celebrate ArbitralWomen’s his- Diversity Dividend Conference Sponsors It was explained at the AGM that the tory of promoting women and diversity included Baker & McKenzie, Cooley, 2019 ArbitralWomen By-Laws implement in international dispute resolution. A Freshfields, FTI Consulting, Hogan modern governance practices, including Jubilee logo was used on event flyers Lovells, King & Spalding and Skadden term limits for Board members, term and publications throughout 2018. A full Arps. There was also a very special gath- limits for the office of President and Vice day of Jubilee celebrations took place in ering in Paris on the actual birthday of President and an increase in the number New York on 8 November 2018, at which ArbitralWomen on 22 November 2018 of authorised Board members to manage ArbitralWomen honoured our 25 years of sponsored by Dechert. The details of the expanded work of the Association. progress with a full-day ArbitralWomen the Jubilee celebrations have been me- After discussion of the revisions, the Diversity Dividend Conference, the morialised in ArbitralWomen Newsletter ArbitralWomen Members in attendance launch of ArbitralWomen Diversity No. 31 (which  can be accessed here). at the meeting unanimously approved Toolkit and a Gala Dinner. Jubilee The floor was then handed to the 2019 ArbitralWomen By-Laws. Sponsors (sponsors of both the Diversity ArbitralWomen Co-Founder Louise

10 these inspirational remarks more widely to be- nefit not only young Members but also those, for example, who are commencing their role as arbitrator later in their professional career. The in- terviews will be available on Barrington, ArbitralWomen website once the archi- the initiative has been rolled out. tect and lead on ArbitralWomen stages of prac- Another initiative is the YAWP Speaker Diversity Toolkit, a seminal initiat- tice. Membership Panel Project, under the leadership of ive that was formally launched in of YAWP is automatic for Montserrat Manzano, to develop speak- November 2018 following more than ArbitralWomen Members who are ing opportunities for young Members a year of work and preparations prior below the age of 40. The inaugural YAWP and to give them opportunities to build to its launch. ArbitralWomen received Steering Committee was led by former their profiles on the international stage. a grant from the AAA-ICDR to produce Vice President Gabrielle Nater-Bass, YAWP Communication Initiatives are a bespoke training programme about who launched YAWP and organised the led by Aanchal Basur, with a view biases and ways to overcome them inaugural Steering Committee to es- to increasing the visibility of young and create ways of going forward to tablish the role of YAWP in the dispute Members around the world and high- increase diversity and inclusiveness in resolution community. lighting YAWP’s initiatives. YAWP Events the world of arbitration. The training pro- In the last quarter of 2018, the new are led by Annabelle Möckesch. YAWP gramme is a full-day course and makes YAWP Steering Committee was selec- continues to organise a series of events use of approximately 150 slides. Louise ted, whose members were announced around the world and is also pleased Barrington delivered the first formal in December 2018. The 2018 YAWP to support non-YAWP events in vari- train-the-trainer programme to about Steering Committee has a term of three ous jurisdictions, including upcoming 20 women, mostly Board members, years. The Steering Committee is led by events in London and New York. YAWP on 7 November 2018. ArbitralWomen Vice President Asoíd Garcia-Márquez in is developing new projects under the launched ArbitralWomen Diversity her capacity as Chair of YAWP together leadership of Anna Vorotyntseva. These Toolkit in New York on 8 November with Board member Amanda Lee as initiatives will focus on networking op- 2018. In early 2019, an ArbitralWomen Director. portunities and development, know- Diversity Toolkit Committee was organ- The members of the 2018 YAWP ledge and training. Additionally, YAWP ized that includes Louise Barrington, Steering Committee include: Aanchal will continue to support ArbitralWomen Diana Droulers, Asoíd Garcia-Márquez, Basur, Cherine Foty, Katie Hyman, Parental Mentorship Scheme under the Linda Gerstal, Angelica Hunnefeld, Montserrat Manzano, Annabelle leadership of Katie Hyman. Sara Koleilat-Aranjo, Mirèze Philippe, Möckesch, and Anna Vorotyntseva. Maria Beatriz Burghetto delivered Rekha Rangachari and Donna Ross. The Board again thanked outgoing YAWP a brief report on the work of the Legal Vice President Asoíd Garcia-Márquez Steering Committee members Kate Committee. She explained that during and Board member Amanda Lee re- Brown de Vejar, Yoko Maeda, Melissa 2018, the Legal Committee periodically ported on YAWP activities. YAWP was Magliana, Claire Morel de Westgaver reviewed the work on the revisions to the launched in 2016 as an ArbitralWomen and Ema Vidak-Gojkovic for their work By-Laws and made recommendations. young group for female dispute resol- and dedication during the first two years The Legal Committee also advised on ution practitioners below the age of 40 of YAWP as well as YAWP founder former various other issues over the course of to get together and have a supportive Vice President Gabrielle Nater-Bass. 2018 and continues to do so. networking platform to address the Amanda Lee reported on the work Amanda Lee reported on the work challenges that they face in the early of the 2018 YAWP Steering Committee. of the Mentorship Committee. The One prominent initiative is YAWP Inspire Mentorship Programme provides an under the leadership of Cherine Foty. opportunity for younger or less exper- This initiative involves the preparation ienced Members to learn from those of short interviews with leading female with greater experience and encourages practitioners regarding their experiences an exchange of skills and knowledge and suggestions for younger members between the Members. Approximately of the dispute resolution community. 35 women participated in the 2018-2019 The purpose of YAWP Inspire is to share programme. The mentees and mentors

11 June 2019 Newsletter

developments and events in interna- tional dispute resolution, including di- versity initiatives. Amanda Lee explained the work of the Newsletter Committee, which is led by Erika Williams. The Newsletter Committee published seven newsletters in 2018 — five regular periodic newslet- ters and two Special Edition newsletters. The regular periodic newsletters include interviews prepared by ArbitralWomen Board members, reports on various ar- bitration events involving our Members and diversity and other initiatives, and a section regarding upcoming events. The August 2018 and September 2018 newsletters were Special Editions pre- pared substantially by Mirèze Philippe. The August 2018 newsletter announced the new members of the Board. The September 2018 newsletter was a special publication compiling inspiring speeches by female leaders in international dis- pute resolution. We started January 2019 with a Special Edition newsletter — in our new, modern graphic design format — that was dedicated to memorialising the celebrations of ArbitralWomen’s 25th anniversary and the November 2018 launch of the ArbitralWomen Diversity Toolkit. The January 2019 Special Edition newsletter was prepared substantially by Mirèze Philippe. Mirèze Philippe reported on the work of the Membership Committee. came from all over the world. The next visibility to the promotions, moves, ap- The number of ArbitralWomen Members mentor-mentee matching exercise will pointments and professional achieve- is increasing. During the period run- commence after the deadline for ap- ments of ArbitralWomen Members in our ning from January to December 2018, plications passes on 31 July 2019. We News Alerts and a new dedicated web 84 new individual Members and 133 encourage any ArbitralWomen Members page about our  Members’ news. new Members benefiting from their who are interested in the programme Our News Alerts also in- firm’s corporate membership joined to apply. The Mentorship Programme clude news about ArbitralWomen, totaling 217 new would not be possible without the sup- various Members. The most significant port of our more experienced Members increase in 2018 came through who serve as mentors. We encourage corporate membership. Since all ArbitralWomen Members to the corporate membership consider volunteering to act as a programme was put in mentor and to help to inspire the place in 2015, 41 firms next generation of young practition- have subscribed for ers. Those interested in participating corporate mem- in the Mentorship Programme should bership, out of contact Amanda Lee and Alison Pearsall. which 12 were Dana MacGrath reported on the new in 2018. News Alerts and the new ArbitralWomen Some corporate web page on News about AW Members. member firms have taken ArbitralWomen now provides increased up to 40 individual Members

12 through their corporate membership. ArbitralWomen’s LinkedIn posts. Elena Teams may apply if they are constituted Corporate membership includes a Gutierrez handles ArbitralWomen’s of at least half female participants, and discounted membership rate and any Twitter posts. Other Board members also the awards are given to those applicants Member whose membership fee is not post regularly on social media. Marily with the greatest need, normally teams paid by her firm can also benefit from Paralika reported that ArbitralWomen from developing countries that do not the discounted rate. LinkedIn account is receiving 100 times have sufficient funding or resources. In Mirèze Philippe reported on the work more visits than a year ago; the exposure 2018, we received 21 applications from of the Website Committee. She explained is around 13,000 hits. Elena Gutierrez teams in Belarus, Brazil, Costa Rica, Egypt, that she and Donna Ross have expended reported that ArbitralWomen Twitter India, Indonesia, Iran, Nepal, Nigeria, a significant amount of time working on and ArbitralWomen LinkedIn accounts United States, and Vietnam. the new website and hope that Members both have more than 2,000 followers, an ArbitralWomen funded, or coordin- appreciate our modern web platform increase from a year ago, which demon- ated the funding by sponsor firms, of that we offer to Members to showcase strates that the ArbitralWomen social 10 teams in 2018: Hidayatullah National their profiles, upload their publications, media accounts have great visibility. We Law University, India; Diplomatic and use the platform to their benefit. continue to gain more followers and Academy of Vietnam; Universidad de Mirèze Philippe reported briefly more likes of our posts. Members should Costa Rica; University of Indonesia; on the Cooperation Committee. The let ArbitralWomen know if they want University of Lagos, Nigeria; Tribhuvan Cooperation programme was estab- the Association to promote an event at University, Nepal; Pontifical Catholic lished a few years ago. Some of our which they are speaking. University, Brazil; Allameh Tabataba'i partners are listed on our website. We The Moot Committee is led by Affef University, Iran; Cairo University, Egypt; have a long list of potential partners Ben Mansour and Juliette Fortin, to- International University Mitso, Belarus. that we would like to reach out to for gether with guidance and support from Sponsoring law firms in 2018 included cooperation. If any Members wish to Karen Mills (who led the committee in Pinsent Masons, Reed Smith, Sidley suggest organisations that you would prior years). Each year ArbitralWomen Austin, White & Case and Vinson & like ArbitralWomen to cooperate with, provides support for a number of teams Elkins. We wish to thank the sponsors please let us know. competing in Moot competitions, includ- for their very kind assistance and hope Marily Paralika and Elena ing the Vis and Vis East in Vienna and that they and other firms will consider Gutierrez reported on the Social Media Hong Kong, respectively, by covering the participating in this highly valuable Committee. Marily Paralika handles registration fees for such competitions. moot funding programme by helping

L to R: Sarah Grimmer, Rose Rameau, Mirèze Philippe

L to R: Mirèze Philippe, Benno Kimmelman, Dana MacGrath Eunice Lumallas, Mirèze Philippe

13 June 2019 Newsletter

ArbitralWomen sponsor more teams events and the ArbitralWomen Diversity in the history of the organisation and in the future. Toolkit), the cost of administration sup- demonstrates the growth that the whole The Finance Committee is led by port, accounting fees and IT expenses Board has been working towards dur- ArbitralWomen’s Treasurer, Juliette linked to the website. Additionally, as ing the last year and in relation to AW’s Fortin. The Balance Sheet and Profit & in prior years, in 2018 ArbitralWomen 25th anniversary. We have diversified Loss Statement is prepared annually provided financial support to teams our presence to cover wider areas of by ArbitralWomen’s accountant and re- competing in the Vis and Vis East moot the globe. We look further to deeper flects the financial transactions for the competitions by covering the registration penetration in other regions, including financial year from 1 January 2018 until fees. In 2018, of the 10 moot teams that Africa, Asia and South/Central America. 31 December 2018. Income increased were awarded funding, half that amount The President noted that the meeting in 2018. A majority of the Association’s was provided by sponsoring law firms had exceeded the time scheduled for income derives from corporate and in- and the other half was funded directly by the AGM and that given time constraints, dividual membership fees. Additionally, ArbitralWomen. In sum, ArbitralWomen it would be necessary to conclude the ArbitralWomen hosted two successful operated at a modest profit in 2018. meeting with verbal reports from all events in November 2018 in the con- The Events Committee is coordin- Committees. The written reports of the text of the 25th anniversary of the or- ated by co-directors Valentine Chessa Committees that did not report verbally ganisation (ArbitralWomen Diversity and Marily Paralika and includes a at the meeting will be included among Dividend Conference and launch of the number of regional directors who or- the full compilation of ArbitralWomen Diversity Toolkit and the Gala Dinner in ganise events within their region. In Committee reports that will be made New York on 8 November 2018 and the 2018, ArbitralWomen organised or co- available to Members together with the dinner at Thoumieux on 22 November -organised 45 events, among which 16 minutes of the 2019 AGM. 2018), which attracted wide sponsorship. took place in Europe, 7 in South/Central The President closed the meeting Expenses also increased in 2018. This America, 9 in North America (including by thanking everyone for their partici­ increase is mainly linked to the activities the full-day ArbitralWomen Diversity pation in ArbitralWomen and conti­ organised for the 25th Jubilee year cel- Dividend Conference and Jubilee Gala nued participation going forward, and ebrations, advertising and promotion (in Dinner in New York on 8 November 2018), encouraged suggestions of new ideas particular for the preparation of visual 2 in Africa and 11 in the Asia/Pacific re- and initiatives. The AGM closed at ap- logo, video and flyers for the Jubilee gion. This is a record number of events proximately 13:30 Vienna time.

Number of Events Organised by ArbitralWomen in 2018

Events in Europe

Events in North America 16 Events in 35+65+L Africa 9 Events in 20+80+L Events in Asia/Pacific South/Central America 2 5+95+L 11 157 +85+L 25+75+L

In 2018, ArbitralWomen organised or co- organised 45 events. This is a record number of events in the history of the organization.

14 Reports on Events There have been a number of events in the first quarter of 2019. Our members have provided a few highlights from these events to share with the readers.

SCAI Innovation Conference “All Eyes on the Arbitrator” on 31 January 2019 in Geneva, Switzerland

-binding guidelines and case law. Mr Barrat provided an overview of recent cases in which arbitrators were found to have failed to discharge their duty of disclosure. The second panel shifted the focus to the management of proceedings by ar- bitrators. Michael Lazopoulos (Partner, Lustenberger, Zurich) moderated the topics of judicialisation of arbitration, the Prague Rules, due process paranoia and L to R: Benjamin Barrat, Peter Hostansky, Christoph Brunner, Utku Coşar, Urs Weber-Stecher. new technologies in arbitration. As introduced by Diana Akikol without impeding due process and the Anna Masser (Partner, Jones Day, (Partner, ABR Avocats), the underlying right to be heard. Frankfurt) proposed to seek to have idea of the SCAI Innovation Conference Utku Coşar (Partner, Coşar Avukatlik shorter awards (shortening, in partic- is to provide a forum where practitioners Bürosu, Istanbul) pointed to statistics of ular, the section of procedural history), can interactively debate practical ques- major institutions which illustrate that shorter submissions, and a more efficient tions and issues. The Conference’s no- there has been much focus on and great use of technology. She proposed that the tion of innovation signifies reflection on achievement by SCAI and ICC in respect of arbitrators’ focus should be on better current rules and practices, to identify gender diversity; however, there could be communicating with parties and man- areas calling for change, and to develop greater focus on diversifying the age, eth- aging expectations; simplifying the pro- ideas for new practical solutions and ap- nicity and sexual orientation of arbitrators. cedure follows automatically and should, proaches. For this third edition, the Con- Urs Weber-Stecher (Partner, Wenger thus, be the arbitrators’ secondary focus. ference presented three panels address- Vieli, Zurich) advocated for enhanced Andrey Panov (Senior Associate, ing some of the most significant concerns transparency in the arbitrator disclos- , Moscow) sub- in current international arbitration. ure process and that inspiration may be mitted that it would be good if arbitrators The first panel, moderated by taken from the approach taken in the could refer to something which is clearly Christoph Brunner (Partner, Peter & IBA Guidelines: robust common sense. empowering them to be more robust Partners, Bern), discussed the selection Dr Weber-Stecher also submitted that, and concluded that the efficacy of the of the “ideal arbitrator”, including the if a disclosure is made, bias should not Prague Rules depends on the arbitrat- utility of data-based arbitrator selection. be automatically inferred, and that a ors’ skills and willingness to engage with The speakers addressed (new) arbitrator- corresponding common-sense approach parties early on in the arbitration. -skills on which parties place import- can be expected from the institution. James H. Boykin (Partner, Hughes ance; diversity in the selection process; Christoph Brunner introduced the Hubbard & Reed, Washington D.C.) dis- disclosure standards; and data-based attendees to ASA tool, ICC tool, GAR ART, cussed a growing concern in interna- arbitrator selection. as well as Arbitrator Intelligence (AI) tool. tional arbitration: “Due process paranoia For Peter Hostansky (Managing Particularly the latter provides a wealth and how to deal with it” and distilled Counsel, Huntsman Corporation, Basel), of information with a very sophisticated three elements from such definition: first, when selecting a sole arbitrator or chair- approach. one or more case management decisions person, parties should consider the ar- Benjamin Barrat (Senior Associate of an arbitral tribunal that appear overly bitrator’s proactivity and firmness to Knowledge Lawyer, , attentive to due process; second, a be- enforce the procedural framework. Mr London) stressed the complexity of what lief on the part of the arbitral tribunal Hostansky concluded by admitting that should be disclosed and when. As these that such a cautious stance is necessary such firmness entails a delicate balan- questions are not expressly regulated due to the risk of not having the award cing act between guiding the parties to by the 1996 Arbitration Act, parties and enforced; and third, the assessment of distil the main points in the arbitration arbitrators often follow institutions’ non- such risk is misplaced. Mr Boykin noted

15 June 2019 Newsletter that the source of the enforcement risk chair to command charisma. Ms Villanúa long as such decisions are based on the is unclear, given that no awards have remarked that the most influential arbit- information on record and the evidence been overturned in England or the US on rator is the one who is prepared to do before them, arbitral proceedings will the basis of arbitral tribunals adopting the work; specifically, so when it comes be conducted efficiently, and the parties’ robust procedural steps. One hypothesis to quantum where a wing-arbitrator, autonomy is preserved. This may even is that publicly available awards in in- who is very well prepared, may be even lead to arbitral procedures becoming vestment arbitration set certain proced- more influential than the presiding arbit- simpler again. However, there is one ural expectations which have spilt over rator. Prof. Voser touched upon the issue risk on the horizon with a stride towards to commercial arbitration, a point also of promoting the younger generation of more transparency and the publication made by Ms Masser. arbitrators by proposing to encourage of the awards: if their awards are made Dorleta Vicente (Legal Counsel, parties to appoint arbitrators who are public, will arbitrators become more Repsol, Madrid) explained that the use of less experienced. Dr Patocchi agreed paranoid because their awards will no technology in arbitration is accompanied that parties should be more flexible con- longer concern just the parties at hand, by certain challenges: e.g., confidential- sidering younger arbitrators submitting but also, the broader public? ity, where the applied technology has that it is easier to do that as respond- Mr Gabriel drew an analogy to the to be secure; and due process, which ent in reaction to claimant’s proposed Boston shoemaker’s slogan “we offer requires equal access to technology or appointment. three kind of services: good, cheap and increasing costs. The cardinal question The panel then turned to the issue of fast, but you can pick only two: good and will be whether the decision-making arbitrator databases and whether they cheap won’t be fast; fast and good won’t function itself will be one day delegated are a blessing or a curse. be cheap and fast and cheap won’t be to machines. Ms Vicente submitted that, Mr Patocchi submitted that data- good”, summarising that arbitrator se- while some areas might see law being base questionnaires often put ques- lection goes to the key criteria of speed, handed down by machines, there re- tions in absolute or general terms. costs and skill. Measuring arbitrators in mains a need for some human element Databases cannot predict with certainty terms of the quality of their work would in the decision-making process where how an arbitrator would decide; this enhance diversity, because quality would the consequences of a decision are more ultimately depends on the case. Mr be the ultimate measurable denomin- wide-reaching. Ziadé remarked that databases may ator. A reliable quality measurement for In the final panel, and in true con- increase the asymmetry of informa- arbitrators' services does not yet exist formity with the conference’s title, all tion between arbitration practitioners. for the time being and there is thus still eyes were on the Arbitrators’ Lounge, Ms Villanúa added that the underly- room for innovation. an intergenerational panel of arbit- ing questionnaires are susceptible to Caroline Ming (SCAI Executive rators composed of Paolo Michele certain bias depending on the circum- Director, Geneva) ensured that arbit- Patocchi (Partner, Patocchi & Marzolini, stances in which they were answered. rators issue fast, good and reasonably Geneva), Deva Villanúa (Partner, Armesto On the issue of case management priced awards under the Swiss Rules. & Asociados, Madrid), Nathalie Voser and its simplification, Ms Voser and Mr She also confirmed that SCAI is, not- (Partner, Schellenberg Wittmer Ltd, Patocchi submitted that most arbitra- ably taking into account the criteria of Zurich) and Roland Ziadé (Partner, tions cannot be readily simplified be- diversity of age, origin and gender when , Paris), and moderated cause they deal with complex commer- appointing arbitrators, but reminded by Noradèle Radjai (Partner, Lalive, cial operations and technical issues. Ms the audience that the good command of Geneva), who set out to discuss the pre- Villanúa added that personal interactions the applicable law is the main criterion vious presentations and suggestions in in a conference call or hearing can be to ensure the quality and efficiency of an interactive and lively manner. more effective in resolving issues than arbitration. With regard to confidential- Ms Radjai posed the question of several exchanges of written submis- ity, she confirmed that SCAI shares the whether the role of the chair and the sions. Ms Radjai ventured the theory that audience’s preference and considers party-appointed arbitrator require dif- arbitration may now have the “worst” of confidentiality as a valuable feature of ferent skills. both civil and common law worlds: long commercial arbitration, as provided for Mr Patocchi answered in the affirm- submissions and long hearings. under Article 44 of the Swiss Rules. ative: the chair first needs to respect his In their concluding remarks, Sandra This year’s SCAI Innovation or her co-arbitrators by being a good De Vito Bieri and Simon Gabriel sum- Conference was attended by approx- listener. Further, being chair requires a marised the panels’ conclusions. imately 130 attendees. mix of procedural skills and personality Ms De Vito Bieri echoed the previous or clout as he or she effectively “runs presentations by reminding that arbitrat- Sumbitted by Christopher Singer, Senior the show”. Such skills have nothing to ors have a difficult mandate: to strike a Associate, ABR AVOCATS, Geneva, Diana do with how good a lawyer one is, but balance between procedural efficiency Akikol, Partner, ABR AVOCATS, Geneva, rather, speak to the qualities of a good and rendering an enforceable award. Caroline Ming, SCAI Executive Director, case manager and diplomat. Mr Ziadé Arbitral tribunals should not be para- Geneva, Amna Aounallah, SCAI Market- added that it is more important for the noid about taking robust decisions. As ing and Legal Assistant, Geneva

16 BonelliErede International Arbitration Event: The Prague Rules: wind of change? on 20 February 2019 in Milan, Italy

L to R: Giovanni Minuto, Flavio Ponzano, Alberto Fortún Costea, Gaëlle Filhol, Mahnaz Malik, Barbara Concolino, Laurence Shore, Stefan Riegler and Kirstin Dodge

On 20 February 2019, the sider these rules to be a limitation of the In such cases, the limitation, or even BonelliErede international arbitration parties’ right to substantiate their case. the exclusion, of the evidentiary phase group in Milan organised the event The panellists also discussed Article may help speed up the proceedings. “The Prague Rules: wind of change?”. 2, which encourages the tribunal to as- The panel emphasized that, sim- The event brought together leading sume a more active role in the conduct ilar to the IBA Rules, the Prague Rules arbitration practitioners from civil of arbitration and to limit, together with leave liberty to the parties, and the law and common law backgrounds to the parties, the scope of the dispute tribunal, to decide whether and to discuss the most innovative and con- at the case management conference. what extent the provisions should be troversial provisions of the “Rules on The panellists believed that such an applied to the proceedings. However, the Efficient Conduct of Proceedings exercise at this very early stage of the an arbitration agreement will, in all in International Arbitration” (known proceedings is premature and can put likelihood, seldom contain an ex- as the “Prague Rules”) and their pos- the dispute on an unproductive path. press reference to the application sible impact on future arbitrations. A final session topic was the provi- of the Prague Rules. Hence, their The event was organised by sion in Article 9, which allows a member application will most likely have to ArbitralWomen member Anna of the arbitral tribunal to act as medi- be agreed by the parties or by the Biasiolo of BonelliErede and in- ator during arbitration. Panellists ex- tribunal – after having heard the cluded many ArbitralWomen mem- pressed a concern that if parties fail to parties – during the course of the bers as speakers. settle, the mediator can resume its role proceedings (Article 1). Giovanni Minuto of BonelliErede within the tribunal only with the prior Laurence Shore of BonelliErede opened the event with his introduct- consent of all parties. It is doubtful that in his closing remarks noted that most ory remarks. The first panel, featur- such consent will be granted, given that panellists seemed to agree that the ing Catherine Anne Kunz of Lalive mediation includes ex parte communic- best way to promote efficiency, rather (moderator), Alberto Fortún Costea ations with the mediator. than new rules on the conduct of ar- of Cuatrecasas, Flavio Ponzano of The second panel featured bitration, is for arbitrators to be more ARBIT and ArbitralWomen member ArbitralWomen members Barbara willing to assume a proactive role in Kirstin Dodge of Homburger dis- Concolino of BonelliErede (moderator) the management of the proceedings. cussed the provisions limiting docu- and Gaëlle Filhol of Betto Seraglini, ment production (Article 4), examin- Mahnaz Malik of 20 Essex Street and Submitted by Barbara Concolino, ation of witnesses (Article 5) and oral Stefan Riegler of Wolf Theiss. The panel- ArbitralWomen Member, Managing hearings (Article 8). It was felt that, lists agreed that the Prague Rules may be Associate, BonelliErede, Milan and although these provisions may have useful in disputes where the factual back- Anna Biasiolo, ArbitralWomen Mem- efficiency benefits, practitioners from ground is undisputed, or when the dis- ber, Senior Associate, BonelliErede, a common law background may con- pute is limited to discrete factual aspects. Milan.

17 June 2019 Newsletter

Becoming a Rising Star in International Arbitration, on 8 March 2019 in Hong Kong

for Freehills), and Mary Thomson ( at Pacific and Chair of CIArb(EAB)), in which the panelists shared valuable insights, and entertaining and humor- ous stories on business development and networking for young arbitration practitioners. The audience learned many practical tips on the ways to “Becoming a Rising Star in Interna- tional Arbitration”. This event was conceived by ArbitralWomen, with the support of the HKIAC, CIArb (East Asia L to R: Gianna Kwong, Chiann Bao, Eliza Jiang, Sarah Grimmer, Mary Thomson, Branch), Women In Law Hong Hong Nasim Hooshmandnia, May Tai (WILHK), and Stephenson Hardwood. To mark International Wo- with Chiann Bao (former Secretary men's Day on Friday, 8 March 2019, General of the HKIAC, and independ- Submitted by Vanina Sucharitkul, Eliza Jiang (ArbitralWomen member ent arbitrator), Sarah Grimmer (current ArbitralWomen Member, Interna- and Associate at Fangda Partners’ Secretary General of the HKIAC), May tional Arbitrator and Senior Lecturer, Hong Kong office) moderated a panel Tai (Managing Partner of Greater China University Paris Descartes, Paris

Report on the “Wake up (with) arbitration!” breakfast round table: “Publication of awards: to to live happy, live hidden?” on 13 March 2019 in Paris, France

On 13 March 2019 a new “Wake happy, one should live hidden and thus years, in the eyes of the parties, is now up (with) arbitration!,” periodical round the publication of awards is not neces- gone and even where the parties re- table organized by Valence Borgia, María sarily convenient. In addition, the form port the existence of a confidentiality Beatriz Burghetto & Caroline Duclercq of this “revolution,” implemented in the agreement, the ICC Secretariat will in Paris since 2012, was held on the sub- form of a note, as opposed to a reform of remind them that the award may be ject: “Publication of awards: to live happy, the ICC arbitration rules is questionable. published. But arbitrators have no say live hidden?” with Laetitia de Montalivet Confidentiality, which has been the in this matter. (ICC Court, Director, Arbitration & ADR, main asset of arbitration for several The main risk of this "revolution" is Europe) and Philippe Cavalieros (partner, Simmons & Simmons). In fact, ICC has brought about a “re- volution” in the arbitration world when it amended the Note to the Parties and Arbitral Tribunals on the conduct of the arbitration under the ICC Rules of ar- bitration: “Parties and arbitrators in ICC arbitrations accept that ICC awards made as from 1 January 2019 may be published […].” It would thus seem that the confiden- tiality principle in international arbitration is sacrificed in the name of transparency. At the request of the organisers of “Wake Up (with) Arbitration!,” the first L to R: María Beatriz Burghetto, Philippe Cavalieros, Laetitia de Montalivet, Valence Borgia & Caroline Duclercq speaker had to demonstrate that to live

18 undoubtedly the denaturalisation of they want their awards to be published opinions will not change such opinions arbitration. For instance, parties will use and, if so, the timing and the modalities and the possibility of increasing frivolous arbitrators’ positions expressed in pre- of the publication. This is hardly a nov- challenges will only render the institu- vious awards to choose or to challenge elty, given that ICC has been publishing tion more vigilant. The world demands them, but above all, the publication of awards for years. transparency, which has been defined as awards may lead to a precedent system One of the great advantages of the “quality of an institution that fully informs similar to that already established in publication of awards is to contribute to about its functioning and practices”. investment arbitration. the creation of a more complete, non- After the speakers’ presentations, the The second speaker, in turn, had to -mandatory "arbitral jurisprudence”, participants discussed various scenarios defend the position that to live happily, which will provide references and will concerning the modalities and scope of one should not live in hiding and that undoubtedly contribute to greater pre- parties’ consent to publication of awards the principle of publication of arbitral dictability and greater legal certainty. and the potential advantages of such awards is beneficial. This speaker noted Arbitral jurisprudence exists and nobody publication, which may result in better that the success of the latest reforms un- can say today that users, arbitrators and drafted awards and constitute a suitable dertaken by ICC shows that it has been counsel do not need it (see Lord Thomas, response to the strong criticisms about necessary to initiate some "revolutions”, the Lord Chief Justice of England & Wales, the lack of transparency in arbitration. such as the one under discussion. In who said at the 2016 BAILII Lecture that Only time will tell where this new ap- addition, publication of awards should arbitration, by being confidential, re- proach may lead. not be threatening, because there is stricts the evolution of common law, nothing to hide. The actual threat is the which is built on precedents). Submitted by María Beatriz Burghetto, opacity of arbitration. In fact, parties The fact that parties will be able to ArbitralWomen Board member, Of-coun- have total freedom to decide whether select arbitrators on the basis of their sel at JA Cremades & partners.

Future of ADR through the Eyes of Users – a CPR Breakfast Roundtable Supported by ArbitralWomen, on 14 March 2019 in Madrid, Spain

On 14 March 2019, the which all participants contrib- New York based International uted by sharing their views and Institute for Conflict Prevention experience addressed primarily and Resolution (“CPR”), together the following topics: the increase with Samaniego Law and Hendel in customer disputes in Europe IDR held a breakfast roundtable and how best to approach this focusing on the new challenges new trend; the risk of cyberat- coming up for commercial dis- tacks and the corresponding putes resolution. This event, on need to increase cybersecurity invitation only, gathered twenty awareness; multi-tier arbitration in-house counsel from major clauses and the role of medi- corporations in the Madrid area, ation prior to and/or during ar- CPR representatives and private bitration; and the growing use practitioners. It took place at the of technology in disputes res- Alma Sensei Women’s Club, a olution. ArbitralWomen mem- unique and stunning venue in bers Vanessa Alarcón Duvanel the center of Madrid and was (White & Case; co-organizer) and supported by ArbitralWomen. Laura Cozar (Accuracy) atten- Olivier André, CPR's Senior ded the roundtable and offered Vice-President, International, L to R: Clifford Hendel, Carlos Jesus Guttierez Garcia, their perspective of private prac- opened the discussion with a Olivier André, Vanessa Alarcón Duvanel, Javier titioner, respectively expert, in Fernández-Samaniego presentation of CPR including international arbitration. its activities in Europe and around on to several topics of interest for cor- the globe, its disputes resolution ser- porate counsels as they consider recent Submitted by Vanessa Alarcón vices and the 21st Century Pledge. The changes and contemplate the future of Duvanel, ArbitralWomen Member, roundtable conversation then moved dispute resolution. A lively discussion to White & Case, Geneva

19 June 2019 Newsletter

Scottish Arbitration Centre (SAC) 2019 Edinburgh Adjudication & Arbitration Conference, on 15 March 2019 in Edinburgh, Scotland

On 15th M a r c h 2019, tionally. It featured presentations on UK ArbitralWomen members Louise Woods, Adjudication by Lisa Cattanach, on Dis- partner at Vinson & Elkins, and Natasha putes Avoidance and Adjudication under Peter, counsel at Gide Loyrette Nouel, Dispute Boards, by John Papworth, on participated in a panel on recent devel- Arbitration, by Hew R Dundas, on Expert opments in arbitration and adjudica- Evidence in Adjudication and Arbitration, tion at the 2019 Edinburgh Adjudication by Iain Aitchison and on Litigation and and Arbitration Conference. The panel Dispute Funding, by Andrew O'Con- discussion was lively and wide-ranging, nor. It was organized by Sean Gibbs of covering topics such as diversity in ar- UK Adjudicators and took place at the bitration/adjudication as well as the Scottish Arbitration Centre in Edinburgh. challenges posed by the increasing time and costs of the arbitral process. Other L to R: Louise Woods, Catherine Gilbert, Donny Submitted by Natasha Peter, Avocat Mackinnon, Natasha Peter and Brandon Malone panel members were Murray Armes au Barreau de Paris, Counsel, Barrister, (panel chair), Catherine Gilbert, Donny intersections and synergies between ad- Gide Loyrette Nouel A.A.R.P.I. and Louise Mackinnon and Brandon Malone. The judication and arbitration, and between Woods, Partner, Vinson & Elkins, London conference as a whole addressed the practice in Scotland, the UK and interna-

ICC YAF – How to Raise Your Profile in the Arbitration Network? on 15 March 2019 in Cambridge

On 15 March 2019, the an- nual Cambridge Arbitration Day opened with an ICC YAF event titled “Young Practitioners: How to Raise Your Profile in the Arbitration Net- work”. Panellists included Maria Claudia Procopiak of Dechert LLP, Niuscha Bassiri of Hanotiau & van den Berg, Sarah Ganz of WilmerHale

and Elizabeth Chan of Three Crowns. L to R: Maria-Claudia Procopiak, Elizabeth Chan, Sarah Ganz The panellists shared with the audience their experiences of how tablished in the field. The panellists also titioners interested in arbitration they developed their careers in inter- discussed the appropriate use of social in Asia. Over the course of two and national arbitration and shared their media such as LinkedIn. The event was a half years, the event has grown advice on how to stand out in the field. very much practice-oriented and aimed from strength to strength, attract- They spoke about the importance of to provide students and young practition- ing 30-40 attendees each time and attending arbitration events, and how ers with pragmatic tips on breaking into featuring prominent guests, such to make the most of them (tip: attend the international arbitration market and/ as Neil Kaplan QC. This has given the networking drinks!). The panel- or developing a successful career in it. Elizabeth the opportunity to connect lists also discussed the importance On the issue of profile-building in with those with a shared interest in of profile building both within one’s particular, Elizabeth shared her tip of Asia and to further her goal of build- organisation and within the wider building the community that you wish to ing an Asia-facing practice. arbitration community. They also be part of. Given Elizabeth’s interest in talked about “the art of association” Hong Kong and Asia, when she moved Submitted by Elizabeth Chan, and the usefulness of writing a book to London, she initiated a series of reg- ArbitralWomen member, Three or article with someone already es- ular drinks and dinner for young prac- Crowns, London

20 World Law Forum Conference on ‘Arbitration of Business & Human Rights Disputes’, on 22 March 2019 in London, England

On 22 March 2019, the World Law Forum Conference on Arbitration of Business & Human Rights Disputes was held in London. Panels discussed the potential for using arbitration to address business-related human rights disputes. There were over 100 attendees, which included arbitration practitioners, aca- demics and corporate representatives. The conference began with a key- note address from Michiel Coenraads, Partner at DLA Piper. The first panel

addressed “Protection of Investors L to R: Anna Kirkpatrick, Klentiana Mahmutaj, Julianne Hughes-Jennet, Clare Connellan versus Protection of Human Rights in International Arbitration,” moderated by Kate Cervantes-Knox, a member of ArbitralWomen and Parter at DLA Piper, with Angeline Welsh, barrister at and Robert Volterra, partner at Volterra Fietta. Two all-female panels featured ArbitralWomen members:

•• The panel on “Resolving Business & Human Rights Disputes: The Experience So Far” featured ArbitralWomen members Clare Matrix Chambers barrister Alison turing ArbitralWomen member Sophie Connellan, Partner and Head Macdonald QC, 20 Essex Street Lamb QC, Partner and Global Co-Chair of Business and Human Rights barrister Monica Feria-Tinta and of International Arbitration at Latham at White & Case, and Julianne University of Essex School of Law & Watkins, along with Suzanne Spears, Hughes-Jennett, Partner and Head lecturer, Dr. Tara Van Ho. Partner at Allen & Overy. of Business and Human Rights at Further panels discussed other key . They were joined by Considering arbitration as a pro- issues surrounding the possibility of us- co-panellists Klentiana Mahmutaj, cess, Nicole Bigby, Partner and General ing arbitration in resolving Business & barrister, and Counsel at Bryan Cave Leighton Paisner Human Rights disputes, including how Anna Kirkpatrick, Senior Associate guided a discussion with panelists Lord corporations stood to gain from such at Clifford Chance. The panel dis- Peter Goldsmith QC, PC, London Co- practice and the new opportunities cussed the corporate responsibility Managing Partner, Debevoise & Plimpton, presented by this emerging idea, includ- to provide access to remedy, the Cherie Blair CBE QC, Founder of Omnia ing comments from leading practitioner barriers to access and the routes Strategy LLP and Stephen Jagusch Francois Zimeray. The full agenda and explored thus far. QC, Global Chair of International list of speakers are available on the con- •• The panel convened by the Business Arbitration at Quinn Emanuel Urquhart ference website. & Human Rights Practitioners’ & Sullivan LLB. Topics included the po- Network, discussed the topic of tential benefits of resolving business Click here here to visit “Business & Human Rights Arbitration: and human rights disputes through World Law Forum website. Opportunities & Challenges” and arbitration and examined the import- the panelists were Foreign & ance of ensuring equal levels of rep- Commonwealth Office Assistant resentation and promoting diversity. Submitted by Clare Connellan, AW mem- Legal Advisor Sarah Macrory, Exploring the “arbitrability of human ber; Emiko Singh and Tiffany Lam, part- ArbitralWomen member and Allen rights disputes”, Steven Finizio, partner ner, associate and trainee at White & & Overy Partner Suzanne Spears, at Wilmer Hale, moderated a panel fea- Case, respectively

21 June 2019 Newsletter

Women’s Initiatives In Their Workplace

Shearman & Sterling’s engagement for Professional Equality and Diversity

On March 18, 2019, Shearman the diversity in disputes and parties re- ded the inaugural Grand Prize for & Sterling invited ArbitralWomen’s co- quires similarly diverse representatives Professional Equality (“Grand Prix de -founder and Board member Mirèze and arbitrators. l’Egalité Professionnelle”) by the Paris Bar Philippe to lead a discussion with its The session was held at the firm’s in recognition of its innovative and out- team on unconscious bias: what it is, Paris office as part of its “Shearman standing contribution to the promotion how it affects the legal profession, and Speaker Series” where thought leaders of equality. The firm was distinguished how to combat it. share ideas on contemporary issues for its initiatives on equal pay, career Attendees first participated in (legal and non-legal) of relevance to the development opportunities, work–life Implicit Association Tests run by Mirèze, international arbitration group. Given balance, diversity and inclusion, as well aimed at measuring the strengths of the universality of the topic, members as for other actions in favor of other associations between concepts and of the firm’s global team were invited to aspects of equality, which the jury de- stereotypes. Illustrations of the most participate via videoconference. scribed as “balanced, thoughtful in its common types of biases were presen- This is a topical example of the firm’s policy and well-rounded”. The award ted and tips were provided on how to commitment to the promotion of pro- ceremony was held at the end of the overcome them. The team engaged in a fessional equality and the development “Assises de l’Egalité” an inaugural one-day conversation on the need for diversity of a diversity-centric culture. programme jointly organised by the and inclusion, more specifically in the A week earlier on March 11, 2019, Paris Bar and ELLE Magazine to discuss field of international arbitration where Shearman & Sterling was awar- existing and emerging best practices

We will continue our current path, supporting and implementing initiatives aimed at achieving equal representation of women and men, in the legal profession and elsewhere.

– Yas Banifatemi

22 related to gender equality in the legal firms will have the biggest impact and a total of more than 30 nationalities profession. that is the broader piece we will work on. and 25 languages. The Paris-based “This Prize is a great opportunity to Continuing to enhance our inclusive and international arbitration practice in- both celebrate our achievements and collaborative working environment is cludes seven partners, four of whom remember that there is a long road essential to provide the cultural change are women. Shearman & Sterling’s in- ahead,” commented Yas Banifatemi, needed so that everyone is performing ternational arbitration team comprises Partner and co-Head of the firm’s to their highest potential. This will help approximately 100 lawyers based in International Arbitration group, who us attract and retain the best talent and nine of the firm’s offices. Its recruitment supports and oversees the women’s ensure that we continue to provide high and international traineeship programs, empowerment group at the Paris of- quality client service.” run by Yas Banifatemi, welcome ap- fice, Shearman#Elles. “We will continue Shearman & Sterling’s Paris office plications from around the world and our current path, supporting and imple- currently comprises 170 lawyers and reflect the multiculturalism, diversity menting initiatives aimed at achieving business professionals representing and inclusion that it actively promotes. equal representation of women and men, in the legal profession and elsewhere. We will also remain heavily engaged in initiat- ives for equality in the field of education, Shearman#Elles’ accomplishments over which is one of our priorities.” Emmanuel Gaillard, Managing the course of 2018 and 2019 include: Partner of the Paris office and Global Head of Disputes and International •• Fundraising events on introducing women profes- Arbitration added: “We are honored and International Women's Day: in sionals from various industries proud to have been awarded the prize for 2018, 71 kg of clothes and ac- including STEM (science, tech- professional equality. This is a testament cessories, as well as €6300 were nology, engineering and math- to our firm’s exceptional commitment to collected and donated to La Mie ematics) where women particip- promote equality and diversity. We are de Pain and Stop Hunger; in 2019, ation has been particularly low. determined to achieve gender diversity €7500 were donated to Du Côté in the workplace and fully support an en- des Femmes and Espace Femmes. •• A school programme addressed vironment where women and men have Paris office members welcomed to 11-year old students (from equal career development opportunities.” the initiative as great fun as well Meudon-la-Forêt) including an in- With its own visual identity based on as an opportunity to engage for sight into the legal profession and the three first letters of the firm’s name impact along with colleagues. the development and improve- (“She”), Shearman#Elles is open to all, ment of written and oral skills. women and men, lawyers, business •• An internal mentoring programme professionals, interns and the admin- to accompany and support young •• Special events in support of istrative staff at the firm. The group women in the firm in their career the Girl Rising campaign to holds internal events and discussions development. Mid-level associates raise awareness of the need monthly. It is also involved in external from all global offices including for girls’ education and their community and social responsibility Paris, also gathered in New York empowerment. initiatives, with a special focus on sup- to attend a special career devel- porting children’s education and their opment programme which pro- •• Meetings with inspiring women right to equal opportunities. posed coaching sessions to edu- leaders, such as Chiara Condi, Shearman#Elles is also working cate them about the professional founder of Led by Her, a non- alongside Sandra Bang, Shearman value and benefits of mentorship -for-profit organization helping & Sterling’s first Chief Diversity & and sponsorship (when received domestic abuse victims to rebuild Talent Strategy Officer, to take its ac- and when given). their lives through entrepreneur- tions to a next level in the third and ship, and Loubna Farchakh, the fourth quarters of 2019. •• A one-to-one mentoring pro- in-house lawyer at Association “We’ve taken a hard look at our data gramme for 12 teenage girls L'Escale - Solidarité Femmes, which and we are applying the findings to create aged 14-15 (from Saint-Ouen and supports and assists women who new ways to advance the professional Drancy). The progam includes a have been the victims of violence. development and career growth oppor- presentation by the various mem- tunities for everyone — and particularly bers of the office of the various •• Screenings of movies on the lives for diverse lawyers and business profes- jobs in a law firm. The latest ses- of extraordinary women, such as sionals within the firm,” Sandra Bang sion focused on “is there such He Named Me Malala; followed said. “It is not enough to develop new a thing as a man’s profession?”, by open discussions. initiatives — changing the culture of law

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