International dispute resolution, and international arbitration in particular, is surely one of the most fascinating areas a lawyer may work in. The reasons for this are many. International ADR practitioners get to know diverse legal systems. They must take an open-minded approach when working with specific practices, including local ethics rules. They need knowledge of multiple languages and relevant international soft law. And, at least until the COVID-19 pandemic, they have the opportunity to travel to unusual jurisdictions for hearings and to get to know wonderful and experienced colleagues.
All this sounds exciting, and most young lawyers are probably aware of these opportunities. Some may even dream of a career in international dispute resolution. But what does it really take to stand out as an international ADR practitioner? I offer four suggestions, particularly to those who are willing to risk going abroad to set up their own practice in a foreign country, as I did.
Almost two decades ago, when working on International Chamber of Commerce arbitrations was considered exotic in Portugal, I was part of a team of litigators representing a telecommunications service provider against a North American party. The arbitration was in Lisbon, and the proceeding was in English. The team of lawyers was diverse and competent. Nice ties were worn, billable hours were high, and each member of the legal team was quite engaged working on the case. As a junior lawyer taking my first steps in a good Portuguese law firm, I was naturally no exception.
A couple of years later, as an associate lawyer in that same firm, I worked on that same matter, but now on the proceedings challenging the arbitral award. The proceedings were considered exotic, as it was not an appeal but somehow a different (procedural) creature. We were a smaller team, but with better ties and older, more sophisticated counsel. Who won and who lost—depends on which party you ask (naturally we won).
This was my first international arbitration case, and it set the tone for the first steps in my ongoing career as an international dispute resolution lawyer focusing on arbitration.
My first suggestion to young lawyers is to leave your comfort zone from the very beginning of your career. If you were fortunate enough to have studied abroad at one of the several programs offered by the best universities in the world (often with scholarships), you may have already been exposed to the benefits of living abroad and the insights that provides. If not, you may choose to invest in yourself by applying to a good LLM program at a reputable university. An LLM will allow you to gain international specialized knowledge in the areas of your legal interest, help you develop a cross-border network of contacts, and help you develop as a professional, thus enlarging your horizons. Sometimes an LLM will also allow you to step into an international law firm as a lawyer, paralegal, or trainee, thus boosting your way to other opportunities.
After six years of practice in a law firm, I completed my master studies in international arbitration and managed to train in London. This opened me up to an entirely new arbitration market where diversity matters. Returning to your home country after such an experience allows you to put into practice your investment abroad based on your unique experience.
Leaving your comfort zone does not require international study. You can also cultivate your curiosity at home. Attend conferences and seminars regularly, and not necessarily on the topics you consider your practice area. Learn about maritime law, environmental law, artificial intelligence, or mergers and acquisitions. Be interested, show interest, and use that interest to meet colleagues and exchange contacts. Then preserve those same contacts. They can be game changing at a later stage in your career.
Many of my international clients were referred by colleagues I studied with in London or colleagues I met in the seemingly mismatched conferences I attended. Keep in mind that results are rarely immediate. It usually takes time to develop a practice, several years even, but it will happen.
My second suggestion is to do something unique. Create something apart from your career in a law firm or elsewhere, like setting up an association, a company, a business, or a journal. Create your own brand and identity, and tap into your legal knowledge and your network. Have your own website, your own LinkedIn or Facebook page—or in any other social network of your preference—and publicize what you are doing. This will solidify your network and potentially attract clients. But more importantly, it will increase your confidence and inspire you to continue your work as an international lawyer.
After attending an LLM program together in London, a colleague and I created a journal to give voice to the many young lawyers who wanted to write and had difficulty finding a place to publish. We envisioned that the journal would also exchange knowledge about different practices and experiences in arbitration. After eleven years and almost fifty editions, Young Arbitration Review (YAR) has expanded internationally to become a review of reference in arbitration for practitioners around the world. Its authors include established authorities in international arbitration, along with young practitioners. This publication was the result of a solid network established throughout the years, but particularly during my time in London.
My third suggestion is to think outside the box. Although it may sound cliché, for lawyers taking their first steps in law firms or companies, this has a special meaning. It may mean thinking not only as a lawyer, but also as a businessperson. For instance, do not fear being too commercial with your clients when invoicing them for the legal services you provided. But also avoid thinking of your clients transactionally. Invest in long term relationships. Sometimes, friendships even develop. Implement cross-selling and other marketing techniques (within the limits of the applicable regulation of the country where you practice) and improve your business skills. This will help you thrive not only as a lawyer and in business, but also as a person.
Thinking outside the box also means being aware of opportunities that exist outside your current law firm. Other law firms may offer other opportunities for growth. Consider changing projects once in a while. Try working in a couple of firms, give your best each time, and stay with the best fit. The early stage of your career is a formative time, when you develop both professionally and personally and when great ideas emerge. The benefits will stay with you for the rest of your life.
My fourth and final suggestion is know your game, particularly when working in international arbitration. This means constructively using the advantages that arbitration offers in comparison to litigation, including tailor-made proceedings, confidentiality, freedom to appoint the arbitrator(s), expertise of the selected arbitrators in the matters in dispute, expedience, and finality in principle, among others.
Knowing your game also means changing practices that do not work in arbitration. Discuss unworkable practices, and propose better ones. Use your knowledge and experience with clients to attract more clients. My experiences abroad and with the YAR project have definitely provided me (and our readers) with a great way to learn from colleagues in other jurisdictions.
These suggestions highlight my understanding of steps that can help young lawyers thrive in their careers as international litigators and (future) arbitrators. It could be eight suggestions or even sixteen. It is not about the number or following them blindly. They should be adapted and transformed for each individual. As unique dispute resolution professionals, we must each follow the path that best suits us according to our inner beliefs. But I hope my suggestions inspire young lawyers out there as these ideas have inspired me.
