International arbitration law is one area where it can pay to start networking young, right from university, in fact. One law professor and practitioner estimates that around 70% of those who participated in the recent Willem C Vis International Commercial Arbitration Moot held in Hong Kong and Vienna over the last month will go on to become counsel, arbitrators or both. Those who didn’t might struggle to get their foot in the door, according to him. Those who attended will launch their entire career through the networking opportunities provided by the event, many taking up internships with the Hong Kong or Singapore International Arbitration Centres and will be in demand by some of the biggest firms operating in commercial law. The message from Jeffrey Waincymer, a professor of International Trade Law with Monash University and attendee at the event, is clear; practicing in international commercial transactioins and arbitration is about asking the right questions. Breaking into the field is about whether or not you are ‘known’ as practical and efficient by those looking to arbitrate or draft arbitration clauses into a contract.
The way to become known, according to Waincymer, is to attend and participate in events such as the Moot, take up internship opportunities and attend relevant conferences with the specific aim of speaking up and providing solutions to problems. Waincymer also says that although the Moot is now the best starting off point for aspiring arbitrators, afterwards a number of his students are studying for a master’s degree or PhD and they would do well to get published if at all possible so that their names are already familiar. “There are good journals around with good but short articles. This is very much an ‘are you known’ profession. You have to answer the question why will someone select you as an arbitrator?” adds Waincymer.
Often partners from a firm’s construction or projects practice group will also need to get across the principles involved in determining which laws will apply to a particular dispute and which clauses are going to be upheld, Waincymer says. “Histroically people have also moved into arbitration from another subject area, for example construction or litigation. They have had to learn what arbitration is. A lawyer for BHP or Rio Tinto also ought to have the same standard.”
Asking the right questions is also key according to Waincymer, who also understands the consequences that can arise when those without that training and experience draft international commercial contracts. “For example I am advising on a mining joint venture at the moment which involves four separate related contracts and four separate arbitration agreements. People who draft these clauses really should be aware of the consequences and it is definitely better to get students who are aware of the potential for conflicts of law and how different legal systems can apply.” A lawyer who can avoid those situations is in demand across private practice and corporations from all over the world, he concluded.