1. 1
Practicing as an International Arbitrator /
Presentation to the Financial Dispute Resolution Centre
David L. Kreider
International Arbitrator
Hong Kong - Auckland
6 February 2014
David L. Kreider, International Arbitrator
2. 2
Becoming Qualified as an
International Commercial Arbitrator
• There is no single correct path to the goal.
• Considerable experience as a contentious lawyer is a virtual
necessity.
• My own Fast Track to Fellowship “train” was derailed by the
SARS epidemic in 2003.
David L. Kreider, International Arbitrator
3. The Chartered Institute of Arbitrators (London) is the
Leading Qualifications Body for Arbitrators
• Half of the Institute’s 12,000 members are located outside
the UK in some 110 different jurisdictions.
• The largest branch is the East Asia Branch based here in
Hong Kong.
• The East Asia Branch ” is defined to mean the
geographical area of Hong Kong, Mainland China,
Vietnam, Philippines, Korea, Japan, Macau, Mongolia,
Taiwan and Indonesia.
• The Hong Kong Institute of Arbitrators is an important local
qualifications body.
David L. Kreider, International Arbitrator
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4. 4
The “Chicken and Egg” Conundrum
• Attaining “panel appointments” and qualifications requires
experience handling arbitration cases.
• But few arbitration cases (“references”) come your way
unless you are listed on many arbitration panels and have
experience as arbitrator and qualifications.
David L. Kreider, International Arbitrator
5. 5
Raising Your Professional Profile
• You must “network” – don’t be shy!
• Write articles, speak at conferences (don’t sit quietly in the
back).
• To be “interesting” you must be “interested”.
• This may be difficult, at first ….
David L. Kreider, International Arbitrator
6. Travel in the International Arbitration “Circle”
• Leverage and develop your own portfolio of skills, such as
foreign languages, maths, science or business.
• Be willing to accept any reference that comes your way
(provided there is no conflict of interest).
• Get to know the leading arbitrators and arbitral institutions,
and let them get to know and trust you.
•And, always, always remember ….
David L. Kreider, International Arbitrator
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7. The Central Principle of Arbitration
• “The parties shall be treated with equality and each party
shall be given a full opportunity of presenting his case”.
Article 18, UNCITRAL Model Law on International
Commercial Arbitration (1985).
• “Subject to these Rules, the arbitral tribunal shall adopt
suitable procedures for the conduct of the arbitration in
order to avoid unnecessary delay or expense, having
regard to the complexity of the issues and the amount in
dispute, and provided that such procedures ensure equal
treatment of the parties and afford the parties a reasonable
opportunity to present their case”. Article 13.1, HKIAC
Administered Arbitration Rules (2013).
David L. Kreider, International Arbitrator
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8. You are Delivering a Critical Professional Service
• Conduct yourself ethically. Your reputation is your brand.
• Deliver thorough, thoughtful, high-quality work on time.
• Provide good value for money.
• And enjoy your professional
“journey” as an arbitrator!
David L. Kreider, International Arbitrator
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9. 9
Thank you.
David L. Kreider
International Arbitrator
Email: arbitrator@davidkreider.com
Chartered Arbitrator and licensed attorney-at-law in New York, California, New Jersey,
Florida, and The District of Columbia. Licensed solicitor in England and Wales, and Hong Kong.
David L. Kreider, International Arbitrator
10. 9
Thank you.
David L. Kreider
International Arbitrator
Email: arbitrator@davidkreider.com
Chartered Arbitrator and licensed attorney-at-law in New York, California, New Jersey,
Florida, and The District of Columbia. Licensed solicitor in England and Wales, and Hong Kong.
David L. Kreider, International Arbitrator
Editor's Notes
In conclusion, hire the most capable and experienced arbitration counsel you can find
Make certain that outside counsel fully understand the company’s concerns and priorities
Delegate and trust the advice of counsel, but be proactive and verify, verify, verify
Be fully involved in discussions of arbitration strategy, the use of lay and expert witnesses, document production, and case planning, start to finish
Question any strategic decisions that you or your directors don’t fully understand or support
Show up and be present at interviews of prospective arbitrators
Show up and be present at the preliminary meeting and be involved in the preparation of any terms of reference
Always remember that the C.G. has an important role to play in ensuring that his or her employer obtains the maximum advantage from the flexibility that is promised by international commercial arbitration
Thank you for your attention!
