Finance Monthly - Legal Awards 2022

designated in the contract by specifying the address and the corporate registration number for a corporation or legal entities. While there is already a dispute, some pitfalls to watch out for include poor counsel and arbitrator selection, not waiving the appropriate provisions of the Rules of the chosen centre (where applicable) and untimely objection-raising, whether on jurisdiction of the arbitral tribunal or on admissibility of evidence or a witness statement. What would you suggest to a party undergoing this process to be careful with in order to ensure the best result? I would insist again on careful selection of counsel; it is also important to adopt a proper strategy regarding costs because at the end, most tribunals would consider the general “behaviour” of parties during the proceedings while allocating costs. So, any party that attempted to use dilatory tactics during the proceedings may end up having to bear the costs of the opposing party or a substantial part of them. Do you have any other advice to offer for counsel regarding arbitration? In addition to the advice above, I would suggest a careful selection of the seat of the arbitration – keeping in mind, to the greatest extent possible, the jurisdiction under which a potential award would be enforced. Many practitioners tend to care only about the venue (seat of the arbitration) and the applicable rules, but the most important thing is the ease with which the prevailing party will or will not be able to enforce the arbitral award. In many cases, the jurisdiction in which an award is being enforced (usually where the losing party has assets) is much more important than the seat of the tribunal. Therefore, it is important to watch for the potential place(s) for enforcement. If you have the perfect arbitral award that stands all challenges, but which you cannot enforce in the only jurisdiction where there are assets, because the judge in that jurisdiction considers your award to be in breach of their public policy, you would have laboured in vain. It can be a true challenge to determine in advance the jurisdiction in which one might need to seek enforcement of an arbitral award; but the more predictable it will be, the easier it will be to organise. It is not always possible, but parties must watch out for that. Is there a particular piece of advice that you would give to a less experienced legal practitioner who wants to specialise in arbitration? First, I would suggest getting proper training in arbitration, whether in a university or by specialised institutions. Personally, I was trained by the Chartered Institute of Arbitrators, of which I am a Fellow. However, there are many other very good institutions out there providing substantial training in arbitration. Second, attend arbitration-related events (conferences, workshops, etc.) and use them to network. Read and write on the topic whenever you can; embrace any opportunity to speak at such events and any opportunity to serve as secretary to an arbitral tribunal. For any of the above, strive to be meticulous. If you had to choose, which of your career achievements are you most proud of having accomplished? This question is somewhat challenging, because there are many achievements I am proud of and it is not easy to choose between them. One of them is that I was able to introduce specific provisions in the revised Arbitration At an early stage, even before disputes arise – such as while contracts are being drafted – it is important to avoid “pathological clauses “ “ “ Finance Monthly Legal Awards 2022 France 19

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