Dually qualified lawyers admitted as English lawyers have a unique advantage in arbitration. As mentioned above, commercial parties prefer either their domestic law, to the extent possible, or English law as the choice of law applicable to their agreements. Nuclear Power Litigation We represented the buyer in a multi-billion dollar arbitration proceeding related to the design and construction of a nuclear power plant and successfully negotiated an agreement that terminated the arbitration while retaining the key principles of the plant contract. International arbitration is sometimes referred to as a hybrid form of international dispute settlement because it mixes elements of civil and common law proceedings, while providing an important opportunity for parties to shape the arbitration under which their dispute is resolved. International arbitration can be used to resolve any dispute that is considered “arbitrable”, a term whose scope varies from state to state, but which includes the majority of commercial disputes. For my part, I studied French law and common law at the University of Nanterre (bachelor`s and master`s level) and specialized in international litigation and arbitration during an LL.M in Nyu. I then passed the New York Bar before returning to France, where I passed comparative law at the University of Nanterre and the Paris Bar. The Best Performing Law Firm for ICSID Arbitration Results International Credibility 2021 Thanks to a treaty called the New York Convention, which entered into force on June 7, 1959, arbitral awards can be enforced in most countries as opposed to traditional court decisions. More than 150 countries have ratified the New York Convention today, which means that arbitral awards can be enforced in about 3/4 of the countries recognized by the United Nations.
Joan`s advice for students and young lawyers is to be the person others want to work with while recognizing that it may seem easier than it actually is. Developing good interpersonal skills and learning how to refine work results is not a no-brainer. There is no better way for students and young lawyers to demonstrate their commitment to the profession, and particularly in the areas of international arbitration and dispute resolution, than to develop valuable skills that could be useful to others in the field. Even the simple knowledge of technology could make a young practitioner in a team with less tech-savvy lawyers very valuable. The primary laws on the basis of which international arbitrators plead a case are the applicable law of a contract or the law of tort relating to a contract, the arbitration laws of the seat of arbitration, and the New York and Washington Conventions (also known as the ICSID Convention). These three industries all contribute to advancing the role of arbitration in the settlement of international trade and investment disputes, particularly high-value disputes. A study conducted by Syracuse University titled “International Legal Careers: Paths and Directions” found that globalization is leading to an increase in demand for international lawyers with language skills, cultural awareness and international experience. As a result, international arbitral lawyers, who have expertise both in their national jurisdiction and in the English legal system, are well placed to offer clients a one-stop shop for arbitration. While clients often choose to use London as the seat of arbitration, they may also choose to use the LCIA rules, but be more likely to hold the proceedings locally.
The international nature of their work is also easy to see, as only 18% of LCIA cases come from the UK, while ICC arbitration was conducted in 63 countries around the world in 2013. But often, when things don`t go as planned, companies face a number of new challenges. In addition to traditional disputes, arbitration is increasingly being used as an effective means of resolving international trade disputes. Reasons given for London`s leadership in arbitration include its reputation as a neutral and impartial jurisdiction, the law that governs the substance of the dispute, and the established international arbitration lawyers available nearby. A special type of international arbitration is “investment arbitration”, in which a foreign investor brings an action directly against the host State of his investment. This results from multinational enterprises such as energy projects and can be initiated in two ways: investors and host states agree in treaties to use international arbitration to settle disputes, or investors make claims under bilateral (or multilateral) investment treaties (BITs). BigLaw law firms – as well as specialized firms in some cases – represent both plaintiffs and defendants in such cases, although they should be cautious in conflicts. Gold mining dispute We have received a $740 million icsid award for Canadian gold mining company Gold Reserve in an ICSID arbitration against Venezuela over one of the world`s largest untapped gold and copper deposits. In order to ensure the prompt resolution of disputes, it is possible for the parties to agree to settle the arbitration through an “expedited” or “expedited” arbitration procedure, i.e. arbitration with rules of procedure designed to ensure that disputes are resolved promptly.
It is also useful to choose a qualified arbitrator and appropriate legal counsel with significant legal experience in international arbitration and procedures. As the most popular choice of law for cross-border commercial contracts, knowledge and experience in English law is an essential part of establishing yourself as an international arbitration lawyer. We will review the SQE program, which gives lawyers like you the opportunity to become an English lawyer in a matter of months via a quick path to qualification, without an internship, without a traditional training contract or without meeting experience requirements. In international arbitration, it is customary to use the services of experts to comment on technical, quantum and other issues and to use witnesses to substantiate the facts of a case. Specifically, Amanda and Susan warn against falling asleep while driving. Despite the difficulties some may face in finding a job or advancing their careers, although COVID-19 is hindering some career opportunities, both agree that every student or young lawyer should look at their legal career from a long-term perspective. This means that it is crucial that students and young lawyers try to gain the greatest possible experience during this period, even if it means that they have to look for different opportunities than they had previously anticipated. For example, if it is no longer possible to secure a summer partner position at a large law firm, students may seek internships at smaller local or not-for-profit firms, or pursue legal externals to the government. For summer employees, Susan recognizes that many, if not most, summer partner programs are conducted remotely at various law firms. She encourages law students to adapt their expectations to the current reality and to adapt to these unprecedented circumstances.
Students and young practitioners should not focus on the experiences they are missing, but should focus on the new opportunities that have arisen. For example, without wasting time on the way to work, summer employees and young lawyers can have more one-on-one conversations with older practitioners, which means more time to get meaningful advice and feedback. English law is characterized by its predictability, certainty, well-developed jurisprudence and international acceptance. The international spread of the English language and the impact of the legal system in the Commonwealth and elsewhere also contribute to the overwhelming preference for English law in cross-border agreements. The investigation also found that the most important consideration when hiring external legal counsel by a company is the expertise of the arbitration lawyer. However, companies also take care to select external consultants with an understanding of the business reality in a particular sector. “I think you need to know a number of legal systems, so you should take comparative law for that. They must also value international law; It is crucial to study it, but also to have an intellectual curiosity about it. Geneva has an excellent international arbitration program, Miami also has one – there have been a variety of programs focused on international arbitration. “The use of international arbitration has evolved to allow parties of different legal, linguistic and cultural backgrounds to settle their disputes in a final and binding manner, generally without the formalities of the procedural rules of their own legal systems […].