On 6 September 2022, ACICA45 representative Ella Wisniewski (Perth) chaired a diverse panel of arbitration practitioners. The panel consisted of Samantha Lord Hill (Freshfields Bruckhaus Deringer), Rupert Coldwell (Vinson & Elkins), Bronte Hannah (CMS), Aaron McDonald (Herbert Smith Freehills), and Jake Lowther (Magnusson). These Australian practitioners work all over the world, some have even found their way back to Australia. ACICA has proudly convened this ACICA45 panel to inspire law students and young lawyers in the early years of their career to pursue a career in international arbitration.
The focus of this panel was to discuss how Australians have made successful careers in international arbitration. Jake and Rupert began with a light-hearted discussion of legal dramas such as Boston Legal and North Spare which sparked their youthful passion and interests in law. It quickly became clear that initial exposure to international arbitration was from mooting and internships during university were commonalities between the panellists. The panel spoke of the research, writing, and advocacy skills gained from mooting and interning. For example, the opportunity to dive into large and complex private international law case files and give oral submissions during the Willem C. Vismoot and the Jessup Moot competitions. The key take-away being, ‘experience is experience’. Whilst an LLM in international arbitration is a wonderful thing to do, the panel stressed it is not the only way to start a career in international arbitration. Many universities which offer LLM programs for international arbitration recommend candidates first attain experience and derive their areas of interest before commencing an LLM.
The panel also shared their experiences of moving overseas to pursue careers in international arbitration. Samantha discussed emergent hotspots for arbitration in places like Dubai, Paris, London, Berlin, and New York. She endorsed and encouraged those interested in a career in international arbitration to venture beyond the Australian coast. Doing so increases your knowledge, skills, flexibility, and overall employability as a junior practitioner. It also contributes to developing Arbitration in Australia. The return of practitioners equipped with cross-jurisdictional experience and expertise also contributes to Australia’s emergence as an arbitration hotspot. For example, Rupert indicated that his venture to the UK has allowed him to work closely with senior practitioners and undertake mentorships. He acquired skills to further his commercial focus and flexibility in dealing with arbitration proceedings. Rupert hopes to contribute positively to Australia’s arbitration reform in this way.
Moving abroad is certainly not without its challenges. Moving into a foreign jurisdiction poses many hurdles beyond learning a new set of laws and rules. The culture of a new firm in a new country, building relationships with colleagues and clients, and the language barrier are equally challenging. Samantha stressed that junior lawyers are not expected to bring clients or work with them. However, they need to bring initiative and creativity, and be willing to learn. Taking extra steps to emerge yourself in the culture of the new firm and the needs of its clients are what make practitioners assets to a firm and what brings them success.
Establishing a new career during the COVID19 pandemic presented its own set of challenges. The social and cultural aspects of international arbitration practice were as difficult, if not more difficult than domestic practice. Restrictions on travel and work from home mandates forced firms and institutions to adapt to virtual meetings and hearings across multiple time zones. Statistics indicate two leading adverse effects on the industry – ‘zoom fatigue’ and increased workload. Zoom fatigue increased the amount of ‘screen time’ and the psychological burdens of the industry. In particular, the effect on young people of being on a video camera all day long. Moreover, there is also a tendency to multi-task during virtual meetings and work longer hours as the commute to and from work was no longer necessary. Having said this, the panel agreed there is a perceived increase in efficiency which is ‘here to stay’. Certain meetings and platforms have remained online, and the capacity for collaboration has increased exponentially. Adapting to a new working environment at the same time as everyone else has also made a smooth and common transition for those beginning their career.
For this reason, the panel encouraged juniors to reach out and establish mentor relationships as early as possible. Jake coined the phrase, ‘position yourself to be lucky’. Ensure you reach out to those with which you have a personal or professional connection early in your career. It is more difficult to form relationships online, however platforms such as LinkedIn and Microsoft Teams are great for maintaining lines of communication. Connections made during university, in moots and internships are highly important for this reason as well.
The final topic touched on by the panel was diversity in arbitration. Jake characterized diversity as two-fold in the industry: tribunal diversity and diversity in law firms. Interestingly, led by many large US firms and practices, diversity in representation has markedly increased. Partners and CEOs are not only relying on long-term relationships with counsel anymore. They are seeking counsel who can best represent the culture and contemporary interests of their client, by reference to gender, ethics, location, and so on. However, there has been less progression in respect of diversity in tribunals. The ‘pale, male, and stale’ stereotype was quickly identified by the panel, who unanimously agreed that the best opportunity for diversity in arbitrator appointment starts with practitioners. Recommending arbitrators and professionals to institutions means institutions can easily increase diversity in their panels.
ACICA45 was delighted to host the panel. Their insights are valuable and inspirational to those who considering a career in international arbitration. This panel is also a great opportunity to begin establishing a professional network and seek out mentorship. The panel encouraged listeners to reach out to them on LinkedIn.
Authors: Linh Doan & Jemima Moffat, ACICA Interns
