YPAI Seminar Report Liam Vanmechelen B.L.
The 10 Annual YPAI Seminar was held in the Gaffney Room, Distillery Building, Church Street Panel Discussion
th The Young Practitioners of Arbitration Ireland held its annual Young
The evening’s panel discussion was chaired by Patrick Leonard SC and focused in Dublin on Thursday the 21 of November 2024. The seminar offered an opportunity for
Practitioners’ Seminar in the Gaffney Room, Distillery Building, Church st Street, Dublin on Thursday 17th November 2022. The free seminar provided
on current trends in international arbitration. The varied discussion covered
practitioners with an interest in international arbitration engage in lively discussions withconsumer top technologyto in the law, the impact of the switch to renewable energy,
an opportunity for those with an interest in international arbitration to take part in a dynamic and engaging discussion with leading practitioners from
aspects of arbitration and diversity in international arbitration.
practitioners from around Europe. The event was attended by participants from Ireland, the UK,
across the globe. The event recorded its highest ever attendance rate,
reflecting the growing confidence in Ireland as a seat for international
the US and Asia.
Sean McCarthy BL (Bar of Ireland, ArbTech) discussed the development of
arbitration. Young practitioners from the US, UK, Europe and Asia were
Decentralised Autonomous Organisation (DAOs) and the legal problems they can
among the delegates in attendance.
pose, citing the infamous Ethereum blockchain hack. He pointed to the fact that
the area remains completely unregulated. This, he noted, underscores the Panel 1: Panel Discussion: Journeys in International Arbitration arbitration to be used in resolving these disputes, especially After opening remarks by Vice-President of Arbitration Ireland, Paul McGarry The opening panel was chaired by Niall Buckley SC of thepotential Bar offor Ireland. This panel considered the different considering their multi-jurisdictional nature. SC and Co-Chair of the Young Practitioners Committee, Gerard James, career paths of the speakers, the challenges they faced, and the insights they gained along the way. attendees were treated to a fireside chat with Niamh Leinwather, interviewed by James Roche of Fieldfisher LLP.
Sarah Morreau (Senior Associate, A&O Shearman, London) appreciated that international arbitration provides the opportunity to both prepare written briefs and advocate which one mightwith not Niamh find inLeinwather other fields. Sarah emphasised the value Interview of networking in the legal field, and the importance of knowing Westmeath native Niamh was appointed as Secretary General of the the market and building a network of peers who, when the time Vienna International Arbitral Centre (VIAC) in January 2022. Niamh, a arises, will call upon you. strong supporter of the YPAI, was in conversation with James Roche of
Charlotte Hill (Penningtons Manches Cooper LLP, London) picked up on Sean’s
Philippa Charles (Twenty Essex, London) spoke about being theme, discussing Court of of Appeal v Nifty impressed with the therecent efficiency thedecision field inofSoleymani international Gateway. Charlotte brought participants throughto the implications the judgment arbitration in particular in contrast litigation ofbefore the Courts in London at that time. Philippa spoke about diversity for practitioners. It was the first English case to explore the extent to which a emerging in the sector since the commencement of her career. party who wishes to exercise their consumer rights under domestic law to She acknowledged the significance of ‘The Pledge’, now five invalidate an arbitration agreement is able to have those rights determined by an years old, in nudging firms towards greater diversity, and how it English court. It is also the firstinEnglish triggered regional pledges areas case suchtoasconsider Africathe andhierarchy India. of the
Fieldfisher LLP, Dublin. In 2013her Niamh wasinthe first Irish woman to be At first, when commencing career international arbitration,
Brussels Recast Regulation in relation to arbitration and consumer rights, and one
Sarah was taken aback competence and experience admitted to the Austrian Bar by and the has gained over a decade of experienceof international arbitration practitioners. She soon realised she had in international dispute resolution. Over the course of over a decade in ample experience to bring to the table, something she wished she the dispute resolution practice group with Freshfields Bruckhaus Deringer had realised earlier.
Philippa acknowledged each decision should betokens. based of the first disputes that hasthat arisen fromcareer an auction of a non-fungible on individual circumstances. However, she noted that exposure to cultural differences can be a real asset in international arbitration, Mark McMahon (Stewarts Law LLP, London) informed the audience of the and also pointed out that Irish lawyers tend to make a positive knock-on of can the climate crisis for arbitration, as international a result of the impression,effects which be beneficial in building decarbonisation of our energy supply. The surging investment in renewable energy networks.
in Vienna, with a particular focus on international arbitration, Niamh was
involved in numerous arbitrations acting counsel Laragh Lee (Deputyinternational Counsel, International Courtasofboth Arbitration,
Paris) shared and arbitrator.
how her interest in international arbitration developed during her solicitor training with Arthur Cox. She was impressed by the flexibility, access to resources, and efficiency of Niamh spoke about her journey into law and how she developed her interest the process. After qualifying in Ireland, she moved to Paris and in arbitration having initially considered humanacknowledging rights law. She commenced working with the ICC,a career Paris.inWhile discussed the benefits working private which that breaking into she thegained ICC’sfrom career pathin can bepractice challenging, Laragh encouraged young professionals to persevere. Speaking have helped her in her new role. Participants were given a considered insight about how it can be particularly tricky for new arbitrators to into all aspects of international arbitration from an Austrian perspective; the get ‘their first dispute’, Laragh highlighted the ICC’s efforts to current issues facing all arbitrators in light of the Russian invasion of diversify its pool of arbitrators, noting that it often selects firstUkraine; and how a centre of international arbitration operates a day-totime arbitrators for smaller, less complex disputes as on part of this day basis. initiative. Laragh mentioned how the ICC’s policy of formally inviting parties to consider diversity when appointing arbitrators has contributed emphasised the importance of not specialising too early in your practice, in to a 5% increase in female arbitrator appointments at the ICC order get as–broad experience result as possible, theaimportance of putting sinceto2022 a remarkable fromand such simple initiative. Asked by James what would be her main advice to young practitioners, she
your name forward for roles – she noted that a problem for all arbitration centres in term of Equality, Diversity and Inclusion, is simply a lack of diverse candidates who have put their names forward to act as arbitrators.
presents risks, owing to the monumental nature of the investments, both
Catherine Gilfedder (Partner, Dentons, London) reflected on how physically and financially. The nature of the developments mean that traditional her early interest in public law led to her international arbitration, standardised construction contracts are inappropriate. Arbitration is particularly a field that allowed her to engage with her interest in geopolitics, appropriate for these disputes owing to their and ability to appoint foreign languages, and cultures. She confidentiality explained that international arbitrators with theprivate area, which is especially given the arbitration wasexpertise the areain of practice whereimportant these interests aligned. Catherine described her career path as ‘traditional’; she technicality and expertise required. trained at a firm with an international arbitration department, worked in Paris for six months, and then qualified in London into (Assistant Professor in Private Law, Maynooth University) Dr Yagmur Hortoglu a litigation and international arbitration team. Catherine spoke spoke about the issue diversity in international arbitration. She noted that about the collegial of atmosphere within international arbitration diversity combats both the inspiration perception of from bias and institutional bias.during She toldher the and drawing particular her supervisor traineeship, who was also a judge at the International Criminal seminar that it is vital that practitioners are aware of biases that could challenge Court. the legitimacy of arbitration. Studies have highlighted that their life experience can shape the perception of arbitrators by parties to litigation and having
Catherine advised that it’s never too early to start building a arbitratorsEstablishing from differing cultures, races, and colleagues socio-economic network. relationships withgenders, clients and is background can combat this perception. issue of particular the crucial, as you never know when aAnother contact might end upnote on isthe other side of a work-giver! “blind-spot bias” whereby practitioners, while being aware of biases, fail to see their own biases, and how this can impede a successful outcome for all parties.
YPAI Seminar Report Liam Vanmechelen B.L.
Panel Fireside ofchat with Ireland Susanheld Ahern SC,Young the Bar of Ireland The Young2:Practitioners Arbitration its annual Panel Discussion
Moderated by Gerard James WilliamChurch Fry LLP) The evening’s panel discussion was chaired by Patrick Leonard SC and focused Practitioners’ Seminar in the Gaffney Room,(Partner, Distillery Building, Street, Dublin on Thursday 17th November 2022. The free seminar provided
on current trends in international arbitration. The varied discussion covered
Attendees were treated firesidein chat with Susan Ahern by Gerard William Fry LLP.energy, Susanconsumer began technology in the James law, the Partner impact ofwith the switch to renewable an opportunity for those withto anainterest international arbitration to SC, takemoderated by sharing her roots in Tipperary and studying Law at Trinity College Dublin. Susan explained how sport was a huge part of her life from aspects of arbitration and diversity in international arbitration. part in a dynamic and engaging discussion with leading practitioners from a young age. In fact, Susan hadn’t planned to pursue a legal career at all — instead dreaming of becoming a P.E. teacher, driven by her across the globe. The event recorded its highest ever attendance rate, love of sport, athletics, and volleyball. However, during her fifth year of secondary school, she tried her hand at debating, and despite Sean McCarthy (Bar five of Ireland, the development reflecting the growing confidence in up Ireland as enjoying a seat forit. international being nervous at first, she ended really After finishing university, SusanBL spent yearsArbTech) workingdiscussed in the banking industry,of Decentralised Autonomous Organisation (DAOs) andclauses. the legal problems they can arbitration. practitioners from the US, UK, Europe and Asia were in the form where sheYoung had her first introduction to international arbitration of ISDAs containing LCIA arbitration among the delegates in attendance.
pose, citing the infamous Ethereum blockchain hack. He pointed to the fact that
SC and Co-Chair of the Young Practitioners Committee, Gerard James,
considering their multi-jurisdictional nature.
In 2001, when World Rugby moved its headquarters to Ireland, Susanthe sawarea an remains opportunity to combine her two passions. She became completely unregulated. This, he noted, underscores the legal counsel during a period of significant change in sports governance at the time, the sports law industry was small, and she was potential for arbitration to be used in resolving these disputes, especially After opening remarks by Vice-President of Arbitration Ireland, Paul McGarry one of only two sports lawyers in Ireland. The work was diverse—one day drafting contracts, the next sitting on a sports tribunal panel. attendees were treated a firesidethe chatSix withNations, Niamh Leinwather, interviewed Susan recalled how,to during player Joe Marler used discriminatory language towards Samson Lee. Although the Six
Nations had its own disciplinary structure, Marler wasn’t cited, and the issueHill wasn’t properly addressed. World Rugby stepped in, Charlotte (Penningtons Manches Cooper LLP, London) picked up on Sean’s by James Roche of Fieldfisher LLP.
brought a misconduct case against Marler, and eventually issued a fine – in the process setting a new precedent for misconduct theme, discussing the recent Court of Appeal decision in Soleymani v Nifty standards in rugby. It was a significant moment for Susan and her team, who had demonstrated how World Rugby’s intervention could Gateway. Charlotte brought participants through the implications of the judgment make a difference in these kinds of matters.
Interview with Niamh Leinwather
for practitioners. It was the first English case to explore the extent to which a
Westmeath native wastoappointed as Secretary General of the the decision party wishes to exercise their consumer rights domestic Speaking on her Niamh decision leave World Rugby, Susan took to who return to the Bar of Ireland, a move thatunder wasn’t easy law afterto
alreadyInternational having an established career. Susan spoke 2022. aboutNiamh, how challenging it wasantoarbitration start devilling at this inthose her career, but she by saw Vienna Arbitral Centre (VIAC) in January a invalidate agreement is ablepoint to have rights determined an it as an important step in her professional journey.
strong supporter of the YPAI, was in conversation with James Roche of
English court. It is also the first English case to consider the hierarchy of the
Fieldfisher LLP, Dublin. In 2013 Niamh was the first Irish woman to be
Brussels Recast Regulation in relation to arbitration and consumer rights, and one When asked about her move into international arbitration, Susan shared how she began sitting on sports tribunal panels, including at admitted to the Austrian BarOlympics, and has gained over aareas decade experience sports of thesailing first disputes that has arisen from an auction of ahearing, non-fungible tokens. the Beijing and London covering likeofequestrian and challenges. She recalled her first where she in dispute resolution. Over the over a decade satinternational as a decision-maker, with senior andcourse juniorofcounsel, as wellin as instructing solicitors, all presenting their cases before her, and how, when the resolution decision was delivered andFreshfields not appealed, she Deringer knew international arbitration(Stewarts was forLaw her.LLP, Susan emphasised that one ofofthe the dispute practice group with Bruckhaus Mark McMahon London) informed the audience the best ways to gain experience in international arbitration is by getting involved in sports tribunals, and how these are pro bono, and so in Vienna, with a particular focus on international arbitration, Niamh was knock-on effects of the climate crisis for arbitration, as a result of the provide a great opportunity for budding arbitrators to build their skills in decision-making. involved in numerous international arbitrations acting as both counsel
decarbonisation of our energy supply. The surging investment in renewable energy
and arbitrator.
presents risks, owing to the monumental nature of the investments, both physically and financially. The nature of the developments mean that traditional
Niamh spoke about her journey into law and how she developed her interest
standardised construction contracts are inappropriate. Arbitration is particularly
in arbitration having initially considered a career in human rights law. She
appropriate for these disputes owing to their confidentiality and ability to appoint
discussed the benefits she gained from working in private practice which
arbitrators with expertise in the area, which is especially important given the
have helped her in her new role. Participants were given a considered insight
technicality and expertise required.
into all aspects of international arbitration from an Austrian perspective; the current issues facing all arbitrators in light of the Russian invasion of
(Assistant Professor in Private Law, Maynooth University) Dr Yagmur Hortoglu
Ukraine; and how a centre of international arbitration operates on a day-to-
spoke about the issue of diversity in international arbitration. She noted that
day basis.
diversity combats both the perception of bias and institutional bias. She told the seminar that it is vital that practitioners are aware of biases that could challenge
Asked by James what would be her main advice to young practitioners, she
the legitimacy of arbitration. Studies have highlighted that their life experience
emphasised the importance of not specialising too early in your practice, in
can shape the perception of arbitrators by parties to litigation and having
order to get as broad experience as possible, and the importance of putting
arbitrators from differing cultures, races, genders, and socio-economic
your name forward for roles – she noted that a problem for all arbitration
background can combat this perception. Another issue of particular note is the
centres in term of Equality, Diversity and Inclusion, is simply a lack of diverse
“blind-spot bias” whereby practitioners, while being aware of biases, fail to see
candidates who have put their names forward to act as arbitrators.
their own biases, and how this can impede a successful outcome for all parties.