Question 1. To begin with, could you tell us a little bit about your background and why you chose arbitration as a career option?
I am an international arbitration and litigation lawyer qualified to practice in Spain. Born in Madrid, raised in Barcelona, I hold a Spanish and French dual nationality. Growing up in a multicultural environment fostered my interest in understanding other cultures and learning new languages.
After obtaining my “Baccalaureat” in Economics and Social Sciences at the Lycée Français de Barcelone and passing the Spanish “Selectividad”, I decided to study law. I obtained my law degree from ESADE Law School, Ramón Llull University in Barcelona, where I also completed the dual LLM master’s degree, specializing in international business law and preparing for the national bar exam. As part of my university studies, I had the opportunity to attend a first exchange at the Luiggi Bocconi University (Milan), where I discovered international investment arbitration, and a second exchange at Sciences Po University (Paris), focused, among other subjects, on international commercial arbitration. It was during this Paris exchange that I had the opportunity of visiting the International Chamber of Commerce (ICC) for the first time. The experience was fascinating, and I dreamt of returning to ICC one day.
My decision to specialize in arbitration as a career option was driven by my desire to become an expert in international dispute resolution. My work experience as a litigation and international arbitration practitioner confirmed my vocation for this rewarding, challenging and continually changing practice.
Question 2. You currently work as a Deputy Counsel at the International Chamber of Commerce in Paris. Could you explain what this position consists of and what your missions are?
I currently work as Deputy Counsel at the Secretariat of the International Court of Arbitration of the International Chamber of Commerce in Paris, which is the world’s leading arbitral institution. Since 1923, the ICC International Court of Arbitration has been helping to resolve disputes in international commercial and investment disputes.
I am part of the Secretariat’s ICA1 case management team, which oversees the administration of arbitration proceedings relating to the Latin American and Iberian regions.
My main responsibilities as Deputy Counsel include (i) reviewing and notifying requests for arbitration; (ii) preparing memoranda for the Court’s decisions on jurisdiction, constitution of arbitral tribunals (including confirmation, appointment and replacement of arbitrators as well as any challenges made against them), scrutiny of decisions, addendums and occasionally awards, the financial aspect of the proceedings, emergency proceedings before the start of the arbitration and any other procedural decision required, (iii) reviewing Terms of Reference, and more generally, (iv) monitoring all aspects of the arbitration proceedings to make certain that it is performed properly under the ICC Rules and with the required speed and efficiency.
Question 3. You have also worked in a law firm in Spain as a qualified Spanish lawyer for 4 years and a half. What would you say are the main differences between working in an arbitration institution and in a law firm?
As a lawyer in an international law firm, I had the opportunity to actively represent clients and provide legal advice advocating for clients’ interests. During my time at Cuatrecasas, I participated in all kinds of civil and commercial disputes, particularly in sales contracts, real estate, tourism, energy and construction projects. My responsibilities included drafting claims, statements of defense, witness statements, appeals, applications for annulment of awards and exequatur, preliminary hearings and hearings, interim relief applications and all kinds of procedural writs before Spanish domestic courts and arbitral tribunals. I provided pre-litigation advice and negotiated settlement agreements and I had the pleasure to represent clients in court, my favourite part of the job.
Working in an arbitral institution gives you a broader perspective of international dispute resolution. One of our main responsibilities is to ensure proper application of the Rules of the ICC International Court of Arbitration, as well to assist parties and arbitrators in overcoming any procedural obstacle. It is a unique opportunity to master the application of the institutional rules and to learn about the different practices worldwide. It also means being exposed to the most procedurally complex issues that can arise in international cases.
Question 4. Would you say that work experience in arbitration institutions is a useful complement to the practice of arbitration?
Undoubtedly. Working in arbitration institutions serves as a valuable complement to the practice of arbitration and litigation. It provides a unique perspective by exposing you to the procedural aspects of dispute resolution. This experience enhances one’s understanding of the application and interpretation of arbitration rules, ensuring a thorough grasp of the intricacies involved in managing cases. Moreover, working in an arbitration institution allows you to interact with diverse cases, arbitrators and parties around the world, broadening your exposure to various industries and legal issues. The skills developed in efficiently administering arbitrations, assisting parties, and ensuring procedural compliance contribute significantly to becoming a wellrounded arbitration practitioner.
In other words, the insights gained from working in an arbitration institution complement and enrich the practical skills acquired through legal practice, making it a valuable and beneficial addition to one’s arbitration career.
Question 5. As someone who has had the opportunity of studying in three different countries and developing soft skills through your extracurricular activities and education, what do you think are the most important skills to build in order to work in arbitration?
In my experience, I would say that key skills to develop include:
- Languages: given the international nature of arbitration, proficiency in multiple languages is essential for effective communication with diverse parties and understanding legal documents in in cross-border cases.
- Oral and written skills: proficiency in both oral and written advocacy is essential, as effective communication across diverse cultures plays a crucial role.
- Organization Strong organizational skills are required for managing case documentation, adhering to procedural requirements, and ensuring the smooth progress of arbitration proceedings.
- Critical thinking: the ability to analyze complex legal issues, assess evidence, and think critically is essential in arbitration.
- Research aptitude: conducting thorough legal research is a fundamental aspect of arbitration. The ability to navigate legal databases, stay updated on relevant case law, and synthesize information contributes to well-informed decision-making.
- Problem-solving mentality: developing problem-solving skills helps in addressing challenges that may arise during arbitration, fostering efficient and effective dispute resolution.
Question 6. You have completed a module in public speaking and communication techniques while at ESADE University, but also volunteered as a memorial judge at the Spanish national rounds for the Philip C. Jessup International Law Moot Court Competition. Could you tell us about this latter experience, as well as pieces of advice you would give to someone struggling with oral advocacy?
Volunteering as a memorial judge at the Spanish national rounds for the Philip C. Jessup International Law Moot Court Competition was a very valuable experience in evaluating and providing feedback on students’ advocacy skills. Participating in a Moot Court is an excellent way to gain confidence in oral advocacy, particularly for those aspiring to build a career in international arbitration. For those facing challenges in oral advocacy, I would recommend emphasizing consistent practice, as it is crucial for improvement. Additionally, seeking feedback from experienced advocates is the most effective way to receive constructive input and improve one’s advocacy skills.
Question 7. You have indicated on your LinkedIn profile that arbitration is a “continually changing practice”. What do you think that is, and in your opinion what are the challenges that arbitration, as an international dispute resolution mechanism, is to face in the future?
The past decades have seen a radical increase in commercial and investment transnational disputes. Alternative dispute resolution mechanisms are increasingly taking centre-stage. Arbitration is a continually changing practice due to the evolving nature of international trade, commerce, and legal systems. As businesses become more globalized, disputes arise in diverse jurisdictions, leading to a constant need for adaptation in arbitration practices. In my opinion, some challenges that arbitration, as an international dispute resolution mechanism, may face in the future include:
- The integration of technology in dispute resolution such as artificial intelligence, which requires adapting traditional arbitration procedures to ensure efficiency, ethics and fairness.
- Striving arbitrators for greater diversity among and addressing issues of representation to ensure a more inclusive and representative dispute resolution process.
- Dealing with increasingly complex crossborder disputes involving multiple legal systems, industries, and parties, which demands arbitrators to possess specialized knowledge and skills.
- Ensuring the effective enforcement of arbitral awards across jurisdictions remains a challenge, especially in jurisdictions where enforcement may be difficult.
- Addressing the growing importance of sustainability and environmental considerations in arbitration cases, reflecting a broader shift in global priorities.
- Striking a balance between expeditious dispute resolution and maintaining due process, as prolonged and expensive arbitration proceedings can deter parties from choosing arbitration.
By proactively adapting arbitration practices and providing innovative tools and procedures, arbitration will continue to be a dynamic and effective mechanism for resolving international disputes in an ever-changing global landscape.