International Arbitration is a dispute resolution method wherein parties from different countries agree to settle their dispute through a neutral third party, that is, the arbitrator. This dispute resolution mechanism forms the backbone of international trade. But international arbitration is a niche area that could be difficult to break into as the attorneys need to have knowledge of foreign societies and know how to operate in other legal regimes.
Advotalks had a conversation with Ms. Yanina Vlasenko, a multilingual dispute resolution attorney and law teacher. She is associated with New York Bar and Moscow Bar and is currently based in France.
She shares her experience as an international arbitration attorney and also discusses the importance of the same in current age of digitalization. She also shares valuable advice for people looking a career in international Arbitration. Here in an excerpt of the conversation:
How did you begin your journey in the field of law?
It wasn’t as obvious for me as I was initially planning to go into foreign language studies and was taking course with private professors to become a translator at one of the translation schools. However, it my Professor didn’t recommend this course because translation nowadays is not a profession in itself but rather something to apply to another profession. I was thinking about law because my parents were both history teachers and some people told me that I was good at human rights and at argumentations. And that made me think about a legal career. It was viewed as a rather challenging thing to enter the law faculty at a prestigious university. However, it wasn’t as difficult as people said and I was admitted and I started my journey as a law student and then as a lawyer.
How did your trajectory go from a lawyer to getting into International Arbitration Law?
Again, it wasn’t obvious at all because initially I was studying International law and comparative law as specialization and our studies touched upon the aspects of international arbitration. But arbitration came really later. It wasn’t until I moved to Paris when I first decided to take a position of a freelance lawyer at a Russian Law firm that was resolving some kind of International Arbitration issues. And then I came upon one internship and then to another and that’s how my career in arbitration developed.
What are your three essentials for a person looking a career as International Arbitration Lawyer?
What one should really understand that it is not an easy journey and there is high competition. One should try to be really persistent. Unfortunately, you should also be ready that you may at some point change to some other job or projects in order to just survive and to be able to continue thereafter. Because I haven’t seen a lot of modern generation of international arbitration lawyers that could start and lead towards arbitration and not do anything in the meantime. It’s a very rare thing that one may do only arbitration for a long time. Especially in cities with high competition and high value of life like Paris, London, New York. So, you must have a Plan B. Secondly you should be as rigorous as possible. It is very important for an international arbitration lawyer to be able to identify the necessary issues and put them correctly so that both your colleagues and your client is able to understand what you would like to say. And that you say it in persuasive terms. And number three, is to be open to new cultures, new languages and new legal methods. Because arbitration is not only about applicational of national law, its also very important to grasp the concepts of national law applicable.
How does international arbitration differ from domestic arbitration and what are the challenges and way forward?
They are regulated by different set of rules. For instance, in France there is a special set of procedural rules which are applied to international arbitrations and there is a separate set of rules applicable to domestic arbitrations. So, it is important to distinguish the rules applicable to a particular situation so that the procedure goes on smoothly. There are many similarities as well. There are principles which are same as disputes are settled not by the courts but by some non-government officials who try to rule on these issues. Of course, in domestic arbitration the influence of local legal system and domestic law is more influential. Whereas international arbitration is more open towards different international rules.
As regards to challenges and developments, I would say we are trying to ensure more confidentiality in international arbitration. We are trying more towards preserving the interests of the clients. We are also trying to decrease high arbitration fees and also moving towards expeditious arbitrations because problem in arbitration proceedings is most often, the time.
How successful has International Arbitration been in solving cross border issues?
International arbitration is inter-linked with locating cross border issues. And without an understanding of where to locate the dispute and what is the right court or tribunal to address the dispute. Jurisdiction of the tribunal, currently, is one of the first argument posed by the opposite party to get away from the dispute. Thus, it is very important that the lawyers identify the problem since the very beginning and prepare for the alternate forums and how to minimize the risks.
Can you give us an example of any case where you have been involved and were able to come up with amicable solution?
There was a dispute which we initially thought to present before International Arbitration Tribunal but ended up being resolved before a local tribunal. We found good arguments for negotiations. In fact before bringing dispute before the court, we made the opposite party in anticipation of the dispute, pay an important part of debt. And thereafter the party was able to receive money through local litigation procedure.
What are the steps a lawyer should follow to get clients and promote his profile as an International Arbitration Lawyer?
It might be very difficult for a junior lawyer to get a good case and resolve it on his own. So, junior lawyers must look to find some more experienced partner to deal with who would guide him as to how to get the clients because international arbitration involves very high stake with a lot of money. So first you try to build your network and be well incorporated in the international arbitration market. And its also very important to focus on your particular assignments and to do them satisfactorily or better.
What are the major arbitration institutions and rules commonly used in international arbitration law?
It majorly depends upon the dispute, willingness of the party and what they have consented to in their contract. Commonly parties decide between themselves what institution they would bring the dispute to. Most commonly adhered to institutions are ICC and London Court of Arbitration which are rather popular. There is also Permanent Court of Arbitration which deals with international commercial and arbitration disputes. However, it requires a lot of money to be paid just so that the dispute goes through.
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