We chat to Femi Rayanmarakkar Ismail, a Member of the Chartered Institute of Arbitrators
Q. Tell us a little bit about your current role and what attracted you to this position?
A. I am a Senior Contract Administrator at Arab Engineering Bureau, a premier Consultancy firm. I am responsible for the contract administration of multi-million projects liaising with the Contractors, Developers and Clients.
In my current role I provide services in an advisory capacity that entail a sophisticated blend of contractual, commercial, and technical aspects. What attracted me to this role was the fact that I can utilize my technical background whilst pursuing a career that extend beyond purely technical tasks, which gives me a great satisfaction.
Q. When and how did you get to this position?
A. I am a Chartered Quantity Surveyor and possess extensive expertise in several domains including contracts, commercial management including cost control and monitoring, claims management and dispute resolution, gained through more than 17 years of experience.
Whilst pursuing my RICS membership, I developed a keen interest in the crucial role played by a contract administrator in ensuring efficient and effective management of contracts. It was during this time that I identified that my understanding and appreciation of contractual matters gained in my earlier quantity surveying roles, combined with my natural predisposition and attention to detail would allow me to execute the contract administrator’s role with the needed finesse.
I decided to pursue a career in contract administration and in 2022, I was offered an opportunity to join Arab Engineering Bureau in the role of a Senior Contract Administrator.
Q. How is your career linked with the CIArb and at what point did you join the CIArb?
In my previous roles, I was familiar with the utilization of alternative dispute resolution (ADR) mechanisms in construction projects but it wasn’t until I decided to pursue membership with RICS, that I developed a full appreciation and realized my passion for ADR mechanisms, the potential they hold in minimizing the time and expenses incurred by all parties involved while achieving critical project objectives, among other benefits.
My career aspiration is to advance in the field of dispute resolution, and international arbitration led me to join CIArb.
I attended the CIArb Introduction to International Arbitration and Module 1 in International Arbitration courses delivered by the CIArb UAE Branch which provided me with comprehensive knowledge and understanding of arbitral proceedings and further fueled my interest in developing my career in the field of arbitration.
I am confident that obtaining memberships with globally recognized professional bodies such as RICS and CIArb will elevate me to the next level where my passion and career converge enabling me to achieve the best possible outcomes.
Q. What has been your biggest achievement and has being part of the CIArb helped you realize it in any way?
A. Attaining the Chartered status with RICS and member status of the CIArb represent a significant advancement in my professional endeavours recently, as these helped refine my expertise and broadened my comprehension of the prevailing international practices across the globe.
CIArb has provided me with an opportunity to collaborate with the professionals who share my vision of enhancing contract and claims management practices through the adoption of ADR procedures.
Q. What are your aspirations for the future?
A. I aspire to fulfill diverse roles such as a Mediator, Expert Witness, Quantum Expert, Claims & Dispute Resolution Consultant, Contracts Management Professional etc. while actively engaging in the arbitration process in various capacities to assist clients worldwide.
I aim to establish a strong presence as an ADR professional, highlighting the advantages of adopting ADR procedures in both domestic and international disputes and supporting the use of Dispute Adjudication Boards (DAB) in the projects.
Making a shift from an adversarial approach to a collaborative one that is advantageous to all stakeholders in terms of time and cost is my utmost priority. With the close collaboration of CIArb, I am confident that I will be able to establish a distinctive presence in the market in the foreseeable future.
Q. What advice do you have for someone new to the industry / or someone who would want to follow this career path?
A. The career path in dispute resolution can be multifaceted which is widely acknowledged, presenting extensive opportunities based on the individual’s talents. Acquiring internationally recognized membership and partnering with global organizations can significantly shape and enhance your future prospects.
Always bear in mind that there are no boundaries to knowledge and personal development. Remain proactive, empathetic, and compassionate throughout the entire process, and new and unforeseen opportunities will invariably present themselves.
Femi Rayanmarakkar Ismail is a Member of the Chartered Institute of Arbitrators. She is a Senior Contract Administrator with the Arab Engineering Bureau and may be contacted on femi@aebassaf.com
We chat to Binu Karthikeyan, a Member of the Chartered Institute of Arbitrators
Q. Tell us a little bit about your current role and what attracted you to this position?
A. I am an Arbitration Practitioner based in Dubai, UAE. Currently, I lead the arbitration and common law litigation practice at Al Hajeya Al Noobi Advocates and Legal Consultants, a law firm based in Dubai. I act as lead counsel on complex construction arbitrations seated in Dubai and work closely with contractors, developers, and architects to strategically present their claim for the successful resolution of their disputes.
I am an extremely ambitious lawyer with good argumentation skills, and astrong ethical code, which I believe is a good combination for an alternative dispute resolution practitioner. I enjoy arbitration practice as I find it to be an excellent match to my personality, skills and strengths.
My interest in resolving contractual disputes in the business world, is what attracted me to this position. I feel that the resolution of disputes by arbitration is fascinating, and also believe that a career in arbitration offers intellectual challenge, variety and prestige in the legal industry.
Q. When and how did you get to this position?
A. I started my legal career in India and relocated to UAE in 2014. I have worked on a wide variety of contracts including construction and real estate projects and dealt with various disputes.
From early on in my career, while advising clients on different disputes and most suitable methods of resolution, I understood the significance of Alternative Dispute Resolution (ADR) and realized that I possess the skills and competencies required to provide clients with the valuable support they require during their arbitration proceedings. From that time on, I have been instructed to represent clients in over 75 arbitration cases and eventually transitioned to being primarily an arbitration practitioner.
Q. How is your career linked with the CIArb and at what point did you join the CIArb?
A. When I became an Arbitration Practitioner and realized that ADR consists of limitless opportunities, I started exploring the options to broaden my knowledge in the area and connect with the international network of practitioners.
One of my colleagues introduced me to CIArb, as an international organisation promoting the practice and professions within ADR. I joined CIArb as a member through the “experienced practitioner route” relying on the five years of my successful practice as arbitration practitioner. My membership with CIArb gave me the opportunity to access the wealth of professional information, guidelines and guidance to support my arbitration practice.
Q. What has been your biggest achievement and has being part of the CIArb helped you realize it in any way?
A. I represented clients in many complex arbitration cases seated in Dubai, particularly in construction, real-estate, and franchise disputes. I have been conferred with many awards and honours for impactfully contributing to the legal industry with great knowledge, reach, innovative ideas, suggestions, futuristic spirit and approach.
The views and experiences of the global network of professionals in CIArb have helped me in developing standards, technical proficiency and insight which on many occasions enabled me to address any unexpected or difficult matters arising during arbitration proceedings, quickly and in an appropriate manner. I consider that the opportunity to work with the experts, industry leaders and the experience and knowledge gained because of that is my biggest achievement. Being part of this industry gives me confidence and at the same time motivates me to further develop my knowledge and expertise to provide clients with the highest quality dispute resolution support.
My membership in CIArb has given me the opportunity to participate in various education and training programs in the various disciplines of dispute resolution, including arbitration, where I enjoy sharing my knowledge and real-life experiences.
Q. What are your aspirations for the future?
A. My aspiration is to sit as an Arbitrator in the near future. As I am working to become a Fellow of CIArb, my goal is to get my first arbitrator appointment.
At the same time, I wish to continue delivering quality services to my clients and seek new challenges as Counsel. I am also looking forward to actively participate in various initiatives organized by CIArb and join hands with like-minded professionals to expand my global network to give back to the community.
Q. What advice do you have for someone new to the industry / or someone who would want to follow this career path?
A. ADR opens a plethora of opportunities. Lawyers and other professionals should not limit their dreams, but instead follow their passion until they turn the impossible into accomplishments. If you are passionate about ADR and wish to follow this challenging career path, it is important to get the right advice and guidance from the industry experts. Be a good learner, attain knowledge from peers, set standards and never compromise on the quality of your services in dispute resolution.
Binu Karthikeyan is a Member of the Chartered Institute of Arbitrators. He is Senior Legal Counsel at Dubai Al Hajeya Al Noobi Advocates and Legal Consultants and may be contacted on advbinu@gmail.com
We chat to Kate Blotskaya, a Member of the Chartered Institute of Arbitrators.
Q. Tell us a little bit about your current role and what attracted you to this position?
A. I am a Director in FTI Consulting’s Forensic and Litigation Consulting segment in Dubai.
During my time at FTI Consulting, I have undertaken the role of the leading assistant to the Quantum Expert for numerous arbitration matters within the MEA region, including complex residential projects, mix-use buildings, infrastructural, oil and gas and shipbuilding projects.
I have also been involved in the quantum assessment of various claims, including, but not limited to, prolongation, complex disruption and acceleration claims, and various scope changes for different types of projects.
What attract me to this position are:
The exposure it provides, from a commercial dispute on site to an arbitration proceeding.
The impact of our work, from the initial review of most complex issues to the final solution.
The construction itself. The Middle East has been booming with incredible architectural design innovations in the last decade. Being part of the construction team has exposed me to the most unique and fascinating masterpieces of modern time.
Q. When and how did you get to this position?
A. I am a civil engineer with MSc in construction, with 12 years of experience in the construction industry. I have had a long journey in construction industry.
I gained a valuable site experience in the Middle East working for a contractor as a Project Manager responsible for the delivery of high-end projects on Palm Jumeirah. Following that, I worked for a larger contractor, where as a technical engineer I had the opportunity to gain experience in the commercial side of project delivery, including claims preparation. This was the catalyst that led me to pursue a Master’s Degree in Construction Law and Arbitration to achieve further career growth.
It was after attending my first in-person, arbitration hearing that I realized I belonged to the world of dispute resolution. I welcomed the opportunity to join FTI Consulting at a junior level. Since then, I have been promoted several times and as a Director I have client-facing responsibility and advise on multi-billion dirham projects.
Q. How is your career linked with the CIArb and at what point did you join the CIArb?
A. I was first introduced to CIArb whilst studying for my LLM and joined as a member after completing my first year in 2018.
Since joining the CIArb I have been an active member, attending and participating in several events. I continue to refer to CIArb guidance notes to enhance my learning of various aspects of my day to day work.
Part of the service I provide involves helping clients to resolve disputes by establishing a clear, commercially-driven strategy that promotes early resolution. Where litigation or arbitration is unavoidable, the experts that I work with provide support across the entire dispute life-cycle, from research and analysis to arbitration, mediation or trial.
Understanding arbitration proceedings adds value to the process and provides comfort to all parties of the dispute. From the expert witness’s view, it is important to be familiar with different arbitration rules and methods for presenting expert evidence. In the last five years, I have been involved in cases under DIFC-LCIA, DIAC, and ICC rules.
Q. What has been your biggest achievement and has being part of the CIArb helped you realize it in any way?
A. I consider my career path to be my biggest achievement. I came to Dubai without any local experience or a practice in international arbitration, and now give valuable dispute resolution advice to clients using knowledge and expertise honed through years of exposure to the construction market, and work with professionals in the field on complex, high-value projects.
Being a CIArb member gives me confidence in my chosen career and gives me access to a community of inspiring arbitrators.
Q. What are your aspirations for the future?
A. In the immediate term, my aspiration is to establish myself as a trusted Quantum Expert. To achieve this, I will continue to expose myself to invaluable experience in practice, while also gaining the necessary qualifications. I recently achieved my membership to the Royal Institution of Chartered Surveyors (RICS) and I am now aiming to complete an expert witness course.
In the future, I would also be keen to become an arbitrator.
Q. What advice do you have for someone new to the industry / or someone who would want to follow this career path?
A. My recommendation to establish yourself as an expert in your field would be:
Never stop learning and follow recent trends in the industry.
Do not hesitate to be part of challenging projects.
Do not be afraid to share your aims and aspirations. There will be people on your way who will wish to help.
Do not be afraid to ask questions.
Find a mentor, who would give you advice on the way.
I was involved in last year’s mentoring programme organised by the CIArb UAE Branch. For me, the mentoring programme has been an excellent opportunity to refresh my knowledge and share my experiences in arbitration with my group. It also allowed me to learn new aspects of arbitration from people in different roles than me. I found this very helpful and interesting. I was able to expand my network of industry peers and develop friendships with others who are keen to be future arbitrators.
Kate Blotskaya is a Member of the Chartered Institute of Arbitrators. She acts as a claim consultant / an assistant to Quantum experts in various disputes and is a Director in the Forensic and Litigation Consulting segment in Dubai at FTI Consulting. Kate can be contacted on Kate.Blotskaya@fticonsulting.com
We chat to Tushar Khiste, a Fellow of the Chartered Institute of Arbitrators
Q. Tell us a little bit about your current role and what attracted you to this position?
A. I am a Construction Project Manager, an aspiring ADR Practitioner (Arbitrator, Mediator and Adjudicator) and an Academic. Currently, I am working as Head of Real Estate Development Projects at Vintage Global Developer LLC, a real estate developer based in Dubai. I work closely with stakeholders such as consultants, architects, designers, contractors, vendors, local authorities and internal departments in managing and delivering projects that meet the set standards and expectations. I am also a member of the steering committee within the organization for taking strategic decisions on project feasibility considering the goals and objectives of the firm.
I got exposed to contract administration at an early stage of my career and developed a keen interest in contracts. As disputes commonly occur on construction projects, I encountered them very early on in my career. I found the process of avoiding and resolving disputes very fascinating as well as worthwhile for both parties, and realized that I have a natural inclination for alternative dispute resolution which was the catalyst for my career development in the world of ADR.
My interest in sharing knowledge with others has led me to become an academic, trainer and coach. I am an Adjunct Faculty at Amity University Dubai where I teach key modules of an MBA programme in Construction Project Management. I also provide training in Project Management, Risk Management, Planning and Scheduling, Cost Management, Project controls, Procurement, Contract Administration, Claims, Dispute Avoidance and Dispute Resolution.
Q. When and how did you get to this position?
A. I am a qualified civil engineer and have been working in the Middle East (UAE, Qatar, and Oman) for 19 years now. I started my career as a site engineer and have progressed to the position of head of projects. During my career, I have worked on a variety of construction and real estate development projects such as mixed-use, airport, air hangar, hospitality, sports club, palace, mosque, industrial, etc. I have performed all roles on the projects, including those of the employer, the consultant (engineer) and the contractor.
During my role as a contractor, I acquired robust, “hands-on” knowledge about construction methodologies, planning and scheduling, resource optimization, team development and site management. Whilst working as a consultant, I got to understand the significance of contract administration, quality management, and client care. My role as an employer’s project manager enabled me to experience all stages of a project life cycle – from conception till completion.
These roles enabled me to acquire different perspectives and shaped me into a seasoned practitioner. The training and experience that I have gained in these various areas have helped me reach where I am. However, I also recognize that my success would not be possible without support from family, colleagues, and mentors. My career trajectory has progressed horizontally (from working for contractor to consultant, to employer) as well as vertically (from being a site engineer to project manager, to head of projects), and I have thoroughly enjoyed this journey.
On the way, I have earned several globally recognized professional credentials from Project Management Institute (PMI, USA) such as Project Management Professional (PMP), Risk Management Professional (PMI-RMP), Scheduling Professional (PMI-SP) and Agile Certified Practitioner (PMI-ACP).
Q. How is your career linked with the CIArb and at what point did you join the CIArb?
A. My career is closely connected with the CIArb. I learned about CIArb in 2016 while I was exploring available options for pursuing a masters in construction law and dispute resolution. I immediately decided to become a part of the CIArb community, as the institute is a leading international centre of excellence for the practice and profession of Alternative Dispute Resolution. I intentionally chose an MSc program that was accredited by the CIArb. In 2018, I was admitted as a Member by the CIArb. I studied the Award Writing module as a part of my MSc program, following which I successfully passed the peer interview and I was upgraded to Fellow by the CIArb.
CIArb gave me a platform for networking with like-minded professionals and practitioners within the wider ADR community. While doing my MSc Dissertation on ‘Time Bar Notice Provisions in Construction Contracts’, I was advised by my Dissertation Supervisor to have at least 100 survey participants and 10 interviewees having diverse backgrounds such as Engineers, Lawyers, ADR Practitioners, etc. for my research. The solid network of contacts which I had developed through CIArb helped me in achieving this. My research received ‘Masters Dissertation of the Year’ award from the University and also a prize from the Society of Construction Law UK.
CIArb has allowed me to enhance my knowledge and learning and has given me recognition in the ADR community. The FCIArb credential has also helped me in qualifying for empanelment as an Arbitrator with other reputed ADR institutes and centres.
Q. What has been your biggest achievement and has being part of the CIArb helped you realize it in any way?
A. My major achievements in the recent past are completing the MSc in Construction Law and Dispute Resolution, receiving CIArb Fellowship and instigating a career-path in ADR practice. My association with the CIArb, and the ADR knowledge that I have gained, have helped me in avoiding and resolving disputes on my projects more effectively and efficiently. I also feel a sense of accomplishment when I am passing on my knowledge and experience to others while teaching at the university and delivering trainings. It gives me the opportunity to meet new people and establish more connections.
Q. What are your aspirations for the future?
A. I am looking forward to receiving my first appointment as an Arbitrator. I understand that patience is required for getting a breakthrough and I will keep trying to achieve this goal. As a lifelong learner, I am keen to seek new challenges to advance and grow my knowledge. I am also looking forward to joining the CIArb’s mentorship programme to learn from more experienced practitioners. Networking is something that really fascinates me, and I will be expanding my network within the ADR community and beyond.
My long-term aspirations are to establish a career as a renowned Arbitrator, Mediator and Adjudicator. Moreover, I would like to continue contributing to Academia and give back to the profession and the community.
Q. What advice do you have for someone new to the industry / or someone who would want to follow this career path?
A. It is of utmost importance to first decide what is to be achieved and set your goal accordingly. Once you identify a target, a plan must be prepared to reach the target. Taking that first step is often the most challenging task, hence you should get started somehow. It is always better to seek guidance and support from colleagues or mentors who have achieved it. Continuous learning is very essential for personal growth as well as career progression. You must constantly look out for areas of improvement and create an appropriate formal or informal learning plan based on this gap analysis. I have been able to gain recognition within my organization, peers, and the industry due to my passion for learning.
Tushar Khiste is a Fellow of the Chartered Institute of Arbitrators. He is Head of Real Estate Development Projects at Vintage Global Developer LLC and may be contacted on tushar@tusharkhiste.com
We chat to Magda Kofluk, a Member of the Chartered Institute of Arbitrators
Q. Tell us a little bit about your current role and what attracted you to this position?
A. I have recently joined Stephenson Harwood, as a managing associate, following 12 years at White & Case in Warsaw, Doha and Dubai. I act as lead counsel on complex construction arbitrations, and also advise clients on strategy and pre-arbitration claims management.
I have acted for contractors, developers, and government entities in relation to a variety of high-value construction projects. I have significant experience in dealing with highly complex technical issues in disputes and working closely with experts.
I joined Stephenson Harwood because my role there, entails the type of work which allows me to progress my career in my desired direction. I continue working on disputes related to some of the landmark projects in the region. I advise on various claims including delay, prolongation, disruption, variations, defects, termination, final account etc.
After my first few months at the firm, I am convinced that it was a great decision, and I am very well equipped and supported to service some of the largest and most complex construction disputes in the region.
Q. When and how did you get to this position?
A. My interest in arbitration started when I participated in the 16th and 17th Willem C. Vis Moot Commercial Arbitration as a law student. Following the Vis Moot, I went to London to join WilmerHale for a three-month internship. After I qualified as a legal advisor, on my return to Poland, I decided to pursue my career in arbitration. At that time, most arbitration cases were related to construction disputes. Through working on those, I discovered that construction is my passion.
While working for White & Case in Warsaw, Poland, I did a 4-month secondment in Doha, Qatar. I was amazed by the complexity and scale of projects in the region and decided to relocate to the Middle East permanently. I lived in Doha for 2 years and then moved to Dubai, where I worked at White & Case from May 2016 to October 2022. Last year, I felt ready for a new challenge and accepted to join Stephenson Harwood to help strengthen their construction disputes practice in the Middle East.
Q. How is your career linked with the CIArb and at what point did you join the CIArb?
A. I joined CIArb as a very young practitioner to broaden my knowledge of arbitration. I became an associate in 2011 and participated in the Advance Level Training for Counsel in November 2013. My professional and personal commitments made it challenging for me to be an active member for many years. However, I have recently been able to become more involved again.
The CIArb UAE branch is very active, has a lot of interesting initiatives and I am looking forward to actively contribute to the community.
In the years to come, I want to pursue my career as an arbitrator. For that reason, I decided to apply for CIArb Fellowship, which I believe will provide me with the recognition within the industry necessary to obtain my first arbitrator appointment.
Q. What has been your biggest achievement and has being part of the CIArb helped you realize it in any way?
A. My biggest achievement is that I have acted on a wide range of complex multi-billion and multi-million international arbitrations, particularly relating to those in the construction, infrastructure, real estate, transportation, and energy sectors. My practice includes disputes related to major international projects, such as high-rise towers, infrastructure, power plants and rail. I have gained significant experience working in several jurisdictions and with lawyers all around the globe including many of the industry leaders.
I am passionate about my work, and I have managed to turn the tide in many disputes, due to my willingness to explore complex technical details and outside-the-box thinking.
Being a part of CIArb allowed me to have access to various training programmes and a network of professionals willing to provide guidance.
Q. What are your aspirations for the future?
A. I want to continue serving my clients in the best way I can. I also want to help grow Stephenson Harwood’s construction disputes practice and be a role model for my younger colleagues.
I am a passionate advocate for diversity and inclusion, and I am actively involved in supporting younger colleagues by serving as a mentor in various mentorship programmes.
At the same time, I am working towards becoming a Fellow of CIArb and in pursuing my career as an arbitrator.
Q. What advice do you have for someone new to the industry / or someone who would want to follow this career path?
A. Believe in yourself and get involved in the industry. Some examples from my own experience include asking someone to be your mentor, speaking at a conference, organising an event or applying for an internship at an arbitral organisation.
There are lots of opportunities to gain experience or develop your skills in international arbitration. It is a very competitive field with a lot of distinguished practitioners but remember that they also had to start somewhere and were once in your shoes. So just believe in yourself and follow your dreams. Patience and perseverance are key.
Magda Kofluk is a Member of the Chartered Institute of Arbitrators. She is Managing Associate at Stephenson Harwood Middle East and may be contacted on Magda.Kofluk@shlegal.com
We chat to Austen Smith, a Fellow of the Chartered Institute of Arbitrators.
Q. Tell us a little bit about your current role and what attracted you to this position?
A. I am a Senior Associate, Architect Expert Witness at Hawkins based in Dubai. I undertake expert witness work with a focus on defects in architectural design and construction. I am also a UK registered and Chartered Architect and Chartered Construction Manager.
I began my architectural career in the UK and have been fortunate to work on a number of major UK and international transport projects including Heathrow Terminal Five, Pulkovo Airport in St Petersburg, London Bridge Station, Sydney Metro West and Oak Old Common HS2 Interchange.
Completing the King’s College Master’s in Construction Law and Dispute Resolution fueled my desire to get involved in the legal side of construction. I decided that undertaking expert witness work was a good entry into the field with the hope that it can eventually grow into arbitration roles.
Q. When and how did you get to this position?
A. I relocated to Dubai in 2016 to work for an architectural practice where I eventually became Regional Leader for Transport. In 2021, I transitioned into expert work. Joining Hawkins has allowed me to pursue a career which combines my two passions: architecture and dispute resolution. After a comprehensive interview I was offered a position to help Hawkins grow their Built Environment expert team in the region. Since joining, I have been appointed for numerous cases including issues related to floor failures, and damage caused by condensation. I have also opined on compliance with building codes, and contractual scope of work.
Q. How is your career linked with the CIArb and at what point did you join the CIArb?
A. I undertook my Royal Institute of British Architects Part 3 examination at a different university to where I had completed my Part 1 and Part 2. This meant I did not gain a master’s degree. To help my career progression, I decided to undertake a master’s degree in a related field.
I discussed options with my employer at the time and a director recommended the Master’s in Construction Law and Dispute Resolution at Kings College in London, which he had completed himself. It was only after I was accepted onto the course, that he shared with me that this course was the hardest thing he had done. He was right; the course was challenging but I thoroughly enjoyed it and it ignited my interest in the legal side of the construction industry and arbitration.
During the course, I took an additional module which enabled me to take the CIArb award writing exam and become a Member of the CIArb. Taking this additional module also entitled me to apply for fellowship. I decided to attend the fellowship interview and was delighted to become a Fellow in 2012.
Q. What has been your biggest achievement and has being part of the CIArb helped you realize it in any way?
A. Undertaking my master’s degree part-time whilst also simultaneously delivering London Bridge Station project during its life construction phase is one of my notable achievements. When the contractor’s team discovered that I was studying Construction Law, I gained a lot more respect from them, probably due to the fact that the contractor’s project lead had also completed the same course.
I accredit attaining CIArb fellowship to have played a major part in my career progression and in achieving my current role.
Furthermore, attaining fellowship status with CIArb has enabled me to successfully register and be included on the roster with the Saudi Centre for Commercial Arbitration.
Q. What are your aspirations for the future?
A. In the immediate future, my aspiration is to establish myself as a trusted architect expert witness. Besides my existing cases, I have been writing articles, giving webinars, speaking at events and providing CPD to law firms. In the medium term, I hope to gain experience in the arbitral process either as an arbitral secretary or through a pupillage. The long-term goal is, of course, to get my first arbitrator appointment.
Q. What advice do you have for someone new to the industry / or someone who would want to follow this career path?
A. In terms of expert witness work, the first point to note is that you need to have sufficient experience within your related discipline. It is also worthwhile to undertake a specific expert witness course.
For arbitration, I suggest both undertaking the CIArb courses and attending as many events as possible; this will not only strengthen your knowledge, but also grow your network.
I also recommend either getting involved in the CIArb UAE branch’s mentoring scheme or finding your own mentor who can guide you and provide advice. I was involved in last year’s CIArb UAE branch’s mentoring scheme as a mentee. This acted not only as a refresher but expanded my arbitration knowledge and enabled me to expand my network.
Austen Smith is a Fellow of the Chartered Institute of Arbitrators. He acts as expert witness and is a Senior Associate with Hawkins. Austen can be contacted on Austen.smith@hawkins.ae
We chat to Dilip N Massand, an Associate of the Chartered Institute of Arbitrators
Q. Tell us a little bit about your current role and what attracted you to this position?
A. I am the co-founder and Chief Executive Officer of Phoenix Advisors Ltd, an Abu Dhabi firm that offers litigation management services and invests in Legal Finance. In 2018, I was approached by claimants seeking guidance in cross-border disputes, and regional investors who had heard about litigation funding. So, I decided we should start our own firm to do both.
Q. When and how did you get to this position?
A. I started my career as General Counsel for our Family’s Construction and Engineering firms, which at their height in the ‘90’s had 4 offices in the US, 2 in the Middle East, and 2 in India. So I “cut my teeth” on managing law firm budgets and disputes in large infrastructure projects. I also learned the difficulties that foreign investors face in emerging markets and always looked at the law from a business perspective.
In the late 2000’s I started advising a hedge fund in the US for a Global Asset Recovery strategy targeting institutional investors who had lost money in the financial crisis. This led me back to the Middle East, where I started working with many British lawyers who then told me I was a “litigation funder”. For us, funding the litigation was just part of our asset recovery efforts, including global asset tracing and forensic audits. It was then that I learned about this industry, and from the UAE was able to watch it proliferate from Australia to Silicon Valley, and ultimately launched Phoenix.
Q. How is your career linked with the CIArb and at what point did you join the CIArb?
A. I first heard about CIArb from a friend in Dubai who had been encouraging me to look beyond funding litigation and asset recoveries. At the same time, I started seeing more international arbitration disputes and awards which required funding as the claimants did not want to spend the additional money and were not familiar with international enforcement. So, in order to “sharpen my skills” I attended CIARB’s Oxford Diploma program in 2020. Though I was unable to complete the program at that time due to my workload, the experience opened my eyes to dispute resolution beyond the United States, the importance of Arbitration in international settings, and the tremendous community of diverse professionals that make up the CIArb membership. The progression of my career is inextricably linked to CIArb as I build my expertise and ability to evaluate the merits of arbitration claims globally. I was finally able to resume my CIArb studies earlier this year and became a member in the Spring of 2022.
Q. What has been your biggest achievement and has being part of the CIArb helped you realize it in any way?
A. I always feel a sense of achievement when I am speaking at events in India or Africa and can educate the audience as to how Litigation Funding can be applicable in their jurisdictions given the recent changes in domestic arbitration laws. It is rewarding to see students, lawyers, and investors come up to you to learn more and keen to build relationships. I also feel a sense of accomplishment when speaking in the US and explaining the role of arbitration in international disputes as opposed to litigation. CIArb has helped me to develop a sense of “subject matter expertise”.
Q. What are your aspirations for the future?
A. I would like to build Phoenix to its fullest potential so that the UAE can be proud of an indigenous innovator in the legal industry being born here as opposed to an existing firm coming in from elsewhere. I would also like to have affiliates in the US, India and Africa.
Q. What advice do you have for someone new to the industry / or someone who would want to follow this career path?
A. That the field of law is constantly evolving, and that new opportunities and careers within it will continue to manifest. Who would have thought 30 years ago, that there would be a legal finance industry, or legal tech, or online dispute resolution. With that in mind, I say this – don’t be afraid to pivot, don’t be afraid to try new things, and keep learning…
Dilip N Massand is an Associate of the Chartered Institute of Arbitrators. He lives in Dubai and New York and may be contacted on dmassand@phoenixadvisors.ae.
To be interviewed in future Newsletters, please contact our interviewer Kasia Halliday at khalliday@thinkbrg.com
We chat to Kunal Mishra, a Fellow of the Chartered Institute of Arbitrators.
Q. Tell us a little bit about your current role and what attracted you to this position?
A. Currently, I am working as a Contracts Engineer for the National Marine Dredging Company (NMDC), a leading semi-government contracting firm specializing in marine work, based in Abu Dhabi. My responsibilities are mainly in managing the post-contract activities related to marine projects. I am involved in the preparation of claims and follow-up until its resolution, management of complex contractual matters ensuring that contractual obligations are fulfilled, and advising the project team on resolving the disputes amicably.
In 2007, I graduated with a degree in Civil Engineering from Dr. Babasaheb Ambedkar Marathwada University in India. Furthermore, to strengthen my knowledge in this field, I did a specialization in Construction Management from the National Institute of Construction Management (NICMAR), India in 2009.
After graduation, I started my professional career as a quantity surveyor in India with a subcontracting firm and successfully handled commercial and contractual aspects of metro-rail, road, airport, and bridge projects. The foundation of my career in contracts and commercial management was laid during these initial years. While working with these organizations, I understood the complete life-cycle of contract management and disputes until their final settlement is achieved through alternative dispute resolution (ADR) mechanisms. During this time, I found the process of ADR very appealing and I became attracted to it as I discovered that I had a natural interest and passion for it.
Q. When and how did you get to this position?
A. Having acquired the required skillset and sound knowledge in contract management and dispute resolution, I got an opportunity to work with a leading contracting firm specializing in residential and commercial buildings in Dubai. I joined as a contract engineer and successfully managed various contractual issues arising under the EPC, design and build contracts.
Later, I moved to Abu Dhabi to work with a leading contracting firm specializing in high-rise buildings and infrastructure projects in pre-contract management activities. My main role was to carefully review the various forms of the contract conditions in detail, advise the company on the inherent risks, and propose mitigation strategies. During this time, I deepened my analysis and drafting skills, which helped me uncover important insights from various forms of contracts. Furthermore, in order to expand my knowledge of ADR, I did a Masters in ADR from NALSAR University in India in 2020.
My core experience in contracts and claims management related to infrastructure and building projects and my status as a Fellow of the CIArb led to my progress to my current role as Contracts Engineer in NMDC, Abu Dhabi in 2021.
In my 13 years of diverse international experience in contracting firms, I gained valuable experience in contracts and claims management. I am eagerly awaiting more opportunities to work in ADR and hope to advance my career in the legal field. I strongly believe that the CIArb is the best platform to fulfill my goals.
Q. How is your career linked with the CIArb and at what point did you join the CIArb?
A. My advancement in the field of ADR is closely connected to the CIArb. Since I was interested in ADR, I applied for and was admitted to an LLM in Construction Law and Arbitration at Robert Gordon University (“RGU”), UK, in 2020.
After successfully completing my first year of the LLM, I qualified for membership of the CIArb in 2021. Later, I passed the award-writing course, cleared my peer interview, and received the fellowship of the CIArb in the same year. The fellowship is of great benefit to me as it facilitates my connection to the global network of people in the field of ADR and enables me to share ideas and experiences with them. These help me to apply the principles of contract and ADR in construction projects and adequately guide parties to reach an amicable settlement. The CIArb played an important role in identifying my potential and giving me recognition through its fellowship.
Currently, I am guiding my friends and colleagues to enhance their skills in the fields of contract management and ADR in the same way that my mentors helped me.
Q. What has been your biggest achievement and has being part of the CIArb helped you realize it in any way?
A. My biggest achievement is gaining self-confidence and motivation after I received the fellowship of the CIArb. In a true sense, self-confidence and motivation are the foundation of all great success and achievement. I was able to achieve this with great support from my mentors, family, RGU, and CIArb. This self-confidence and motivation inspire me to achieve my professional goals in the field of ADR.
Q. What are your aspirations for the future?
A. As a Contracts Engineer, I would like to increase my involvement in settling complex claims and resolving contractual and commercial issues related to the construction industry. This will help me enhance my skills in negotiation and contract management.
Currently, I am in the third year of my LLM in Construction Law and Arbitration. The knowledge I gained during studying has given me a further thrust towards aspiring to a legal career in the field of ADR. Thanks to my managers and my family who always believed, supported and inspired me in achieving my goals. I am also looking forward to joining the CIArb’s mentorship programme in order to gain some practical experience in arbitration from more experienced practitioners.
My aspiration for the near future is to see myself acting as an arbitrator and claims consultant for the construction industry. In the long term, I would like to research in the field of ADR in order to make it more adaptable and appealing to the construction industry.
Q. What advice do you have for someone new to the industry / or someone who would want to follow this career path?
A. Someone new to the field of dispute resolution should remember the three “Ps”: patience, perseverance, and people.
It is commonly observed that many people who are new to ADR want everything right now. Remember that it takes time for a little seed to become a mighty tree. Therefore, my advice to new aspirants is to be patient and have a systematic plan. Everything will come to you at the right moment. So, please obtain qualifications or certifications in ADR. I feel that the CIArb is one of the best platforms for developing your skillset and building strong networks.
Start with small assignments. Learn from your mistakes and try to do better than before. Seek genuine feedback from others on your work. Focus on improving your weak areas. You should look into enhancing your problem-solving and negotiation skills. Do not hesitate to attend classes for language development or soft skills. Remember that each person probably has to go through many difficulties before succeeding, and those who persevere will see the light.
Build a good network of people with similar interests in ADR at the same time. This will surely help with sharing ideas or opportunities with each other and developing your people skills. Also, participate in conferences and training programs organised by the CIArb.
Finally, remember: “Arise, awake, and stop not till the goal is reached” (quote by Swami Vivekananda).
Kunal Mishra is a Fellow of the Chartered Institute of Arbitrators. He is a Contracts Engineer at National Marine Dredging Company, Abu Dhabi, and may be contacted at kunalmishra61@gmail.com
To be interviewed in future Newsletters, please contact our interviewer Kasia Halliday at khalliday@thinkbrg.com
We chat to Maria Muriel Eustaquio, an Associate of the Chartered Institute of Arbitrators.
Q. Tell us a little bit about your current role and what attracted you to this position?
A. I am a Junior Consultant for CBBG Group, assisting Quantum and Delay Experts in their assessments of arbitration matters across a variety of sectors in the construction industry.
I started as a Quantum Data Analyst, and over time progressed to claims assessment of variations, prolongation, and disruption.
I am fascinated by how Quantum and Delay Experts develop their assessments and present them under cross-examination. I love that every project I am involved in teaches me a different approach to my work, making each day a new learning experience.
I have always wanted to find a field I can specialize in that is in line with what I am passionate about. I joined CBBG Group because I wanted to build on my previous experience and develop my career in the field of arbitration. Since joining CBBG group I have received a great deal of support and guidance from my colleagues, learning from their experience and expertise. I feel fortunate that in my current role I can grow in my career as well as work on my personal development.
Q. When and how did you get to this position?
A. My interest in arbitration started back in 2008 when I began my career in Project and Construction Management at SPCastro Inc. (Philippines). I was undertaking my apprenticeship with them, and before finishing it, they offered me a job as a Project Management Staff to assist in the Design Tender stage through to Handover of Project. Eventually, my career progressed from Architectural and Civil Works Coordinator to Deputy Project Manager.
My mentor, a Member of CIArb, and a practising mediator taught me the importance of contracts and how to implement them on-site through letters and memos, coordinate drawings and specifications, and update and monitor costs and schedules. He also imparted to me the significance of issuing accurate daily reports, letters, schedules, drawings, and other documentation, as these are vital if disputes arise.
After four years, I tried my luck in applying for work in Singapore in order to gain international experience. I learned a lot when it comes to working with other cultures, working on the side of the subcontractor and main contractor, and was introduced to British Construction Standards and terminologies.
When I decided to join my sister in UAE in 2014 and started working as a QS in a fit-out Company, it was easier for me to adapt. After my contract, I transferred to BIC Contracting where I worked as Project Quantity Surveyor for three years in healthcare facilities in Abu Dhabi and Dubai. There, I managed 15 to 20 subcontractors, assisted in Client Monthly Payment applications and variation works. I was transferred to Head Office afterwards, in order to assist the Commercial Director with cost reporting and other cost-related matters. This is where I had the opportunity to assist our third-party consultant with quantum data analysis for an ongoing arbitration, which fueled my interest again. I was very interested to know the purpose of the exercise I was asked to carry out, how my work would feed into the quantum report, the intricacies of the whole process, and how the expert produces a comprehensive report to tie it all together.
In May of 2021, I was offered the Junior Consultant position at CBBG Group. I did not hesitate to take the opportunity because I knew I was on the right track for the career I wanted to pursue. I am very fortunate to have the chance to develop my skills under experienced Quantum and Delay experts and learn more about the field I want to specialize in.
Q. How is your career linked with the CIArb and at what point did you join the CIArb?
A. My career is very much linked with CIArb since the work and the nature of CBBG, involves expert consultancy services.
My colleague advised me to join CIArb a few months after I joined the business. He suggested that it would help me expand my network and that I could develop my career further by being affiliated with the organization.
I first signed up for the ‘Introduction to International Arbitration’ course and passed the assessment in October 2021. I learned a lot from that course, which increased my desire to gain an in-depth knowledge of arbitration. In the course, I learned the Arbitrator’s jurisdiction and powers, fundamental principles of International Arbitration, essentials of an enforceable award and the legal framework which helped me understand the requirement of the work that I am doing. The most interesting part for me of the course is presenting the claim and defence and the contrast between common and civil law jurisdiction.
Q. What has been your biggest achievement and has being part of the CIArb helped you realize it in any way?
A. My most significant achievement to date is deciding to undertake an LLM in Construction Law and Arbitration.
CIArb helped me realize there is still much to learn regarding arbitration and adjudication. I believe that for me to flourish in this industry, it is essential that I have a more profound knowledge of construction law, procedures, principles, and practices.
Through my years of experience in Commercial, Contracts and Operations, obtaining the LLM will enable me to be a better Expert Assistant and, eventually, an effective Quantum Expert in the future. The knowledge that I gained from being an Architectural/Civil Coordinator to Deputy Project Manager, to Quantity Surveyor, and experience from Design Coordination at Tender Stage to Handover of projects is all useful to my position now. I know where to look at in drawings, clauses in contracts, value variations etc. I have found this industry to be a continuous learning process, in which CIArb is a great instrument to keep you updated and support your growth.
Q. What are your aspirations for the future?
A. A year has passed since joining CBBG, and I would like to take more responsibility on the matters in which I am involved and continue my professional development.
I enjoy absorbing information provided by my colleagues and partaking in reports and assessments.
My long-term goals are to finish my LLM degree, obtain certification as an Expert witness and be a Quantum Expert who can assist clients to the best of my capabilities. I also aspire to be a guide to professionals who want to transition into arbitration and adjudication, in the same way that my colleagues have been for me.
Q. What advice do you have for someone new to the industry / or someone who would want to follow this career path?
A. In following this career path, a construction background will be valuable. The roles you have now will lay the foundation for your journey if you decide to pursue a career in arbitration.
It is true when they say that progress is never linear. So, ensure that you immerse yourself in the experience and formal learning, and be proactive in your actions. It will be hard work and will take a lot of patience and time. However, it will be personally rewarding and intellectually satisfying.
It is also helpful to join organizations like CIArb that can help you develop your knowledge and expand your network by attending their seminars and activities.
Maria Muriel C. Eustaquio is an Associate of the Chartered Institute of Arbitrators. She is a Junior Consultant at CBBG Group Construction Expert Services and may be contacted on maria.eustaquio@cbbggroup.com
To be interviewed in future Newsletters, please contact our interviewer Kasia Halliday at khalliday@thinkbrg.com
We chat to Maria Mazzawi, a Fellow of the Chartered Institute of Arbitrators, a Practising Arbitrator, and a Senior Associate at Eversheds Sutherland, Dubai.
Q. Tell us a little bit about your current role and what attracted you to this position?
A. I am a Senior Associate in Eversheds Sutherland’s Dubai-based Disputes and Litigation Management team and an active Arbitrator.
My practice is focused on international commercial dispute resolution and more specifically, international commercial arbitration and technology disputes.
I advise clients on potential disputes and represent them in existing proceedings. I also act as project counsel in non-contentious transactional, advisory, and pre-dispute work contexts.
I am an active member of the arbitration community in the UAE. I frequently speak at conferences and regularly contribute to various news and academic outlets.
I joined Eversheds Sutherland’s Disputes team for the wealth of experience and exposure it offered, and for the opportunity to refocus my practice to commercial and TMT disputes. The variety of clients and instructions has certainly made for incredible exposure.
I was also attracted to this position for the genuine support offered by the Partners with respect to arbitral appointments. Many, if not most, of the Disputes Partners are active and very well-known arbitrators, so I was naturally keen on joining such a supportive environment.
In mid-2020, I received my first arbitral appointment to act as Tribunal chair. I was nominated by two very experienced arbitrators, one of whom happened to have tutored me on one of my CIArb pathway courses – which was slightly intimidating. Thankfully, the arbitration went very well, and I have since received three other nominations.
Q. When and how did you get to this position?
A. My interest in arbitration came about during my LLB. I then applied for the LLM at Queen Mary University’s International School of Arbitration, where I completed my LLM in international and comparative commercial and construction contracts and arbitration.
I started my legal career in the disputes team of Al Tamimi & Co, in Jordan. I’m a trilingual civil law qualified lawyer by background. In 2015, I moved to Dubai to join Pinsent Masons and spent the next five years working on complex commercial disputes, with a large proportion of these being construction arbitrations and related proceedings (including DABs and local litigations).
Whilst I enjoyed the construction focus, I found my interest in technology disputes growing in parallel and I was keen to refocus my practice to include commercial and technology disputes in an equally challenging and educational environment.
In March 2020, I joined Eversheds Sutherlands in Dubai. My practice has refocused to include an incredible variety of work and instructions relating to complex commercial and TMT disputes and sectors, both in contentious and non-contentious contexts. The pace at which this sector is evolving and the intricacies inherent in this legal field make for incredibly interesting work!
Q. How is you career linked with the CIArb and at what point did you join the CIArb?
A. I was first introduced to CIArb during my time at Queen Mary University and joined as a member shortly after completing my LLM in 2011.
After settling in Dubai, I made every effort to become an active member of the arbitration community. I attended as many CIArb events as I could and contributed regularly to online news/media outlets and journals. I quickly learned that CIArb offered an invaluable networking and educational platform.
In 2017, I decided to pursue my fellowship with CIArb. It was one of the best decisions I made for my career, as it was a great opportunity for hands-on but pressure-off learning from seasoned practitioners in the region.
I remain an active member of the CIArb community today. I am an avid advocate for what the Institute stands for, and very outspoken on the support this community offers.
Q. What has been your biggest achievement and has being part of the CIArb helped you realize it in any way?
A. As an arbitrator, my biggest achievement to date is getting my first arbitral appointment and a few after that. Without having first completed my fellowship with CIArb, I don’t think I would have had the skills or confidence to accept my first appointment.
As a private practice practitioner, I’m very honoured to have recently been listed as one of the leading private practice arbitration practitioners in the Middle East in The Legal 500 Private Practice 2022 Arbitration Powerlist.
Another one of my favourite achievements is speaking at the joint DIAC/CIARB event in March 2022, titled ‘How to get your first appointment as an arbitrator?’, a high profile event which attracted hundreds of in-person and online attendees. This was a particularly meaningful event for me because I remember attending DIAC and CIArb events on this very topic myself a little over 7 years ago, as an aspiring Arbitrator. So, to have been asked to participate as a speaker and active arbitrator in this event, alongside those panellists (one of whom was also one of my CIArb tutors) was a very special honour and very meaningful to me.
Q. What are your aspirations for the future?
A. I aspire to build on and expand my arbitrator experience, whilst continuing working in private practice. I would hope to continue making an active effort in participating positively in the local and regional arbitration community. It’s a constant balancing act between trying to service private practice clients, getting as much exposure to a variety of work as you can, whilst also working on the parallel aspiration of becoming a well-established arbitrator.
Q. What advice do you have for someone new to the industry / or someone who would want to follow this career path?
A. The most important advice to give would be to invest in your skillset as much as possible. Learning should never stop. As a private practice practitioner, it’s a continuous learning curve and you always have to stay on top of legal developments, market practices, and trends. As an arbitrator, you simply cannot afford not to have the skills necessary to undertake this mandate; your knowledge and skillset are what you are offering to the parties and the reasons for your appointment.
Network as much as you can but do it with sincerity. Whilst it is obviously important to get your name out there and expand your contacts, it is also important to remember that the goal of networking is to build meaningful relationships over time, and in doing so, building your reputation within the market and more importantly your credibility.
Contribution to the community is also key, and one way of doing that is by writing articles and contributing a view to the issue or update presented.
Lastly, seek mentorship where you can. If this isn’t easily accessible to you, you can seek this from within the community. Over the years I found myself drawing on guidance and inspiration from a number of well-established practitioners and peers instead of one mentor, even if entirely informally.
Maria Mazzawi is a Fellow of the Chartered Institute of Arbitrators, a practising dispute resolution lawyer, and active arbitrator. She may be contacted on mariamazzawi@eversheds-sutherland.com
To be interviewed in future Newsletters, please contact our interviewer Kasia Halliday at khalliday@thinkbrg.com
We chat to Jonathan Bradbury, a Member of the Chartered Institute of Arbitrators and Senior Managing Consultant for Berkeley Research Group.
Q. Tell us a little bit about your current role and what attracted you to this position?
A. I am a Senior Managing Consultant for Berkeley Research Group’s Construction and Government Contracting practice. I support named Quantum Experts in international arbitration, on quantity surveying matters.
I have had a keen interest in this type of work since starting my career in construction as a Quantity Surveyor for an international main contractor that prioritised risk management and a commercial return. Throughout my contracting experience, I have worked on unique and complex projects.
Pre-2020 I witnessed an increasing number of under-capitalised contractors and a shortage of skills. As economic pressure and challenging market conditions became palpable, I considered how likely dispute resolution would become ‘part and parcel’ of a project’s execution as project delays and cost overruns increased. I wanted to experience how disputes are dealt with in arbitration and learn if my profession as a Quantity Surveyor could contribute to alternative dispute resolution and how it could continue to be intellectually challenging.
Q. When and how did you get to this position?
A. In my previous role, I was a senior member of a Contractor’s commercial team. I was responsible for the Contractor’s cost report and forecast. I also had ownership of the procurement process for major domestic subcontracts and supported the Employer in their procurement of major provisional sums.
Throughout the procurement process, I would develop my own detailed knowledge and understanding of a scope of works, commercial budgets, market rates, prices and technical execution of construction work. This was the foundation to maintaining an accurate and up to date commercial report and forecast, which included many moving parts; monthly valuation of construction works, productivity analysis of direct works, valuation of risk and opportunity, and a forecast of the costs to completion, along with anticipated returns and contributions.
My last project experienced challenges and because of my detailed knowledge of the Contractors costs, I was asked to value claims and assist the third-party consultants. I became more interested in pursuing a career in construction arbitration and in 2020 I was offered the opportunity to work for BRG..
When deciding to take-the-leap into dispute consultancy, I could not have expected the pace that I would gain ‘inside the ropes’ experience of high value and complex disputes, working alongside and opposite, prominent Quantum Experts.
I am fortunate to be able to develop and thrive in an environment that pushes you to produce work to the highest standards, emphasising accuracy and attention to detail.
Q. How is you career linked with the CIArb and at what point did you join the CIArb?
A. My career is linked very closely with the CIArb; working for BRG in International Arbitration and providing quantum expert services.
I joined the CIArb at the earliest opportunity and I became a member in February 2022 after completing Module 1 International Arbitration. When I started at BRG, I wanted to accelerate my learning and expand my knowledge of International Arbitration outside of my day-to-day expert work.
I was encouraged by my colleagues, who raised my awareness about the benefits of being a member of the CIArb, and how it can provide access to a network of professionals, information and industry resources.
Q. What has been your biggest achievement and has being part of the CIArb helped you realize it in any way?
A. My biggest achievement to date is being able to realise some of my ambitions earlier than I thought possible. Where I have had ambitions to work for a certain company, work on a project, to travel, enjoy work and keep learning along the way, I have been able to achieve them and mostly before I turned 30.
Most recently, I wanted to increase my responsibility and participation in arbitration proceedings and had the opportunity to realise this ambition, where I have assisted the Quantum Expert on a large, complex commission. Throughout the commission I was responsible for various heads of claim that accounted for a significant value of the dispute. I also attended the Hearing as one of two named assistants. I was pleased to be able to provide support in person, to the Expert and the Legal team throughout the Hearing process. Completing the CIArb training gave me a better understanding of the latter stages of arbitration procedure before I experienced this in person. I was able to draft and prepare valuations with a better understanding of how they would be served and scrutinised. It helped me present my work in a way that clients and colleagues trusted and were able to use to their satisfaction
Q. What are your aspirations for the future?
A. In the short term I will complete Module 2 of International Arbitration with the CIArb. The virtual tutorials are engaging, and I have found them to add a ‘real life’ context to the market in which my firm operates.
Since my Hearing experience I would like to kick on with my professional development in construction disputes at BRG, whilst continuing to work to the best of my ability and highest standards. I would like to progress as far as I am able in expert witness consultancy.
I would also like to develop and expand my network of ADR and industry professionals where I would relish an opportunity to help clients and share my expertise.
Q. What advice do you have for someone new to the industry / or someone who would want to follow this career path?
A. It is a demanding and challenging line of work that comes with different kinds of pressure. Aside from the obvious ‘work hard, be enthusiastic and willing’, I think having confidence in your ability and finding extra determination and resilience can help you make the most of any opportunity or circumstance.
When I started out, one of my commercial managers would tell me that “it’s the experience that counts” and “patience and persistence will pay off”. I can now fully appreciate what he meant and would like to add to this; don’t be afraid to step out of your comfort zone, be selective and enjoy the process.
I have found good and bad experience to be invaluable, and it is important to recognise the opportunity, seize it, remain positive and learn as much as you can.
Jonathan Bradbury, MCIArb is a Member of the Chartered Institute of Arbitrators. He is a Senior Managing Consultant at Berkley Research Group and may be contacted on JBradbury@thinkbrg.com
To be interviewed in future Newsletters, please contact our interviewer Kasia Halliday at khalliday@thinkbrg.com
We chat to Stephen A Hibbert, a Fellow of the Chartered Institute of Arbitrators.
Q. Tell us a little bit about your current role and what attracted you to this position?
A. Currently, I am established in Dubai as an independent arbitrator and mediator. I established my practice in Dubai in 2021. Prior to that, I spent 8+ years as the General Counsel of the Qatar Railways Company, in Doha.
I initially qualified as a Civil & Structural Engineer. I was involved in the design and construction of power stations and related work in New South Wales (NSW), together with various aluminium smelters in Australia.
Whilst working in the design office and on-site, I analysed and assessed contractor claims. At the time, many of my engineering colleagues were undertaking an MBA. The claims assessment work spurned my interest in construction contracts. Without any preconceived notion of where it all might lead, I enrolled for a degree in law and the rest is, as they say, history.
In 1983, I transferred to law, in Sydney, specializing as a construction and disputes lawyer.
I was in private practice and in-house as a solicitor and counsel for over 35 years working on major projects and disputes across Australia, Asia and the Middle East, before establishing in Dubai in 2021.
Over the years, I have sat as arbitrator many times, and assisted numerous companies to resolve their disputes via mediation.
In my current position, I continue to be connected to major projects, commercial disputes and arbitration in this region.
Q. When and how did you get to this position?
A. This is now my 15th year in the Middle East. I worked with major local law firms in Oman, Abu Dhabi and Qatar prior to joining Qatar Rail.
With the conclusion of the Doha Metro project in 2019, and it going into full operations in 2020, I was keen to return to arbitration, to re-engage with mediating commercial disputes in the projects sector and participating in Dispute Adjudication Boards (“DABs”. For me, it was a natural progression to remain in the region and to put into practice the immense learning experience the Doha Metro project, gave me, in particular.
Q. How is you career linked with the CIArb and at what point did you join the CIArb?
A. I became a member of the CIArb in Australia when the Chapter was first established there around 1995. I was a member of the CIArb UAE Branch from 2008 to 2012, of the Qatari Branch from 2012 to 2021 and now back to the UAE branch. The CIArb brought with it access for local Australian professionals, the world of international arbitration – both in terms of cases, and practice and procedure. It was a very welcome addition to the market. It immediately helped all arbitration professionals to expand their opportunities. Indeed, it was the establishment of professional bodies like the CIArb in regions like Australia that was the forerunner of the global expansions of engineering and law firms in the years to come.
Q. What has been your biggest achievement and has being part of the CIArb helped you realize it in any way?
A. Probably, my biggest professional achievement was the General Counsel role at the Qatar Railways Company, from 2012 to 2020 The project commenced with 35 members of staff and in 2019 the project manpower count exceeded 84,000. It was a substantial project, with 140km of underground tunnels under Doha and 37 metro stations, 31 of which were also underground.
The size and the complexity of it required every document and contract to be drafted specifically for the project, including laws to enable the construction and operation of the project. The project was brought to completion on time and went into full operation in 2020, which, from any perspective, is a world class outcome.
In parallel to the implementation of the country-wide project programmes which brought a focus on dispute management in construction projects, the CIArb Qatar branch became very active and played a leading role in advocating for the modernization of Qatar’s arbitration laws and practice.
I was an active member of the local branch and we were successful in getting a number of senior Qatari lawyers and even judges to come to many of our functions.
Q. What are your aspirations for the future?
A. In my role as an independent arbitrator and mediator, I am looking to contribute to the regional activities in commercial arbitration and mediation, and support the use of DABs in the projects sector in UAE.
My professional objectives at present are first to build on the solid ground we established in Qatar and to build better links between the chapters, particularly regarding the use of dispute boards in the region. The UAE has had and is having a very good experience with DABs and it has a good story to tell to our colleagues in Qatar.
I am keen to support the use of DABs. Based on my experience in other jurisdictions, particularly in Australia, once an employer receives a number of good experiences from DABs, the take-up of the DAB model on projects is very high. DABs are present in the UAE today. But most commonly they are struck out of many contracts for major projects.
In my experience, the DAB process of itself, often brings about the settlement or resolution of construction disputes, even before DAB decisions are published.
Likewise, mediation, is not always the first choice of employers in the Middle East, for a range of reasons. But surprisingly, I have found that those from government employers do approach mediations with a keenness to achieve a result. So, where the opportunity is available you will hear me advocating a mediation session before all the formalities and costs of arbitration kick in.
Q. What advice do you have for someone new to the industry / or someone who would want to follow this career path?
A. First, lay a solid foundation of knowledge. Arbitration supports a wide variety of professional backgrounds. Based on your primary training, it is important that an aspiring arbitrator invests time and effort to learn and absorb the practice of arbitration. The CIArb is probably the best starting point. Whether it be the variety of courses or the process of grading, undertake them all and immerse yourself in the very challenging, and rewarding world of arbitration.
Stephen A Hibbert is a Fellow of the Chartered Institute of Arbitrators. He is an independent arbitrator and mediator and may be contacted on SAH@stephenahibbert.com.
To be interviewed in future Newsletters, please contact our interviewer Kasia Halliday at khalliday@thinkbrg.com
We chat to Sergejs Dilevka, a Member of the Chartered Institute of Arbitrators.
Q. Tell us a little bit about your current role and what attracted you to this position?
A. I am a Senior Counsel at Galadari Advocates & Legal Consultants based in Dubai, where I predominantly focus on international commercial arbitration.
My day-to-day responsibilities involve advising and representing clients with respect to potential or existing arbitral proceedings. I offer a comprehensive service in this regard. My tasks vary and may involve:
advising on appropriate or existing arbitration clauses or institutions;
analysis and preparation of a client’s claim or defence;
negotiating with the other side;
drafting and filing submissions;
attending hearings to represent the client’s position; and
enforcement or challenging of arbitral awards.
In addition, I am engaged in the firm’s business development efforts, including attendance at potential client meetings, industry conferences, and other social and networking events.
I am also increasingly involved in the training and development of my colleagues. I regularly deliver DLAD’s CLPD course on Recognition and Enforcement of Arbitral Awards in the UAE, including ADGM and DIFC.
I was attracted to this position by Galadari’s offer of an opportunity to head and continue developing the firm’s commercial arbitration practice.
Q. When and how did you get to this position?
A. My career in arbitration began in 2008, when I was fortunate enough to be invited by Professor Adnan Amkhan Bayno C.Arb to join the claimant’s counsel team in Mohammad Ammar Al-Bahloul v The Republic of Tajikistan, an investment treaty arbitration brought on the basis of the Energy Charter Treaty. At that point in time, I was already in full time employment with a company in London and had just registered for an LLM program at Queen Mary College.
I have more than 13 years of experience in advising and representing clients in institutional and ad hoc international and domestic arbitration proceedings. My experience covers a wide range of industries, sectors, and types of disputes.
Throughout my career, I have acted as counsel, tribunal secretary and arbitrator.
These roles helped to improve my understanding of the procedural aspects and provided an appreciation for the inner-workings and dynamics within the arbitral tribunal and the arbitral institutions.
I have also authored multiple publications offering insights on the trends and developments in international law and international arbitration.
Last year, I was approached by Galadari, who were seeking a replacement for a retiring senior arbitration specialist. Prior to joining Galadari, I practised at Al Tamimi & Company’s arbitration department in Dubai.
Q. How is you career linked with the CIArb and at what point did you join the CIArb?
A. My first meaningful contact with CIArb came around 2010, when I acted as a tribunal secretary in an arbitration hearing, which was held at CIArb’s hearing facilities at 12 Bloomsbury Square, an impressive, listed building in the centre of London.
I joined CIArb in 2015 and subsequently became a Member by virtue of demonstrated experience.
CIArb is an internationally revered leading institution bringing together academics and practitioners with the aim of achieving professional excellence in this field of alternative dispute resolution. It is difficult to imagine an arbitration practitioner, who is not somehow connected to, had contact with, or at the very least aware of CIArb and the work that it does.
Q. What has been your biggest achievement and has being part of the CIArb helped you realize it in any way?
A. My biggest achievements are my arbitral appointments, which come as a result of monumental academic and practical efforts, meticulous attention to detail, consistency, and reliability. The trust put in me by the institutions, parties and their counsel is truly humbling.
I think of my arbitral appointments as being part of a natural progression and continuous development as an arbitration practitioner covering work as counsel with significant experience as a tribunal secretary.
Another achievement that comes to mind is being part of an international expert team, assembled by the Asia Development Bank, to advise the Government of Uzbekistan and prepare drafts of its newly enacted Law on International Commercial Arbitration, which was successfully enacted and came into force last year. I feel immensely proud of the team’s contribution to Uzbekistan’s body of legislation, especially, in the field of arbitration.
I have attended, presented at, and benefited from numerous CIArb events, held in the United Kingdom and internationally, gaining valuable insights and making professional connections. I have also been published in CIArb’s The Resolver.
I often find myself initiating research by visiting resources available on CIArb’s website, including CIArb’s guidelines and valuable articles in the Journal (Arbitration: The Journal of International Arbitration, Mediation, and Dispute Management).
Q. What are your aspirations for the future?
A. Overall, I plan to continue my career in arbitration through acting as counsel and, increasingly, as an arbitrator. In the foreseeable future, my goal is to achieve a law firm partnership position.
My current aspirations are focused on increasing involvement in investment arbitration matters, and the new frontiers, such as space law and the metaverse. And I am presently working on my Fellowship application to CIArb.
Q. What advice do you have for someone new to the industry / or someone who would want to follow this career path?
A. Apart from the usual requisites of hard work, attention to detail, humility, desire to learn, patience and so on, I would suggest first to perform a soul-searching exercise to make sure that one is certain that this is their desired path.
If you want to be successful in this profession, it is highly likely that there will be more late nights than you can imagine now. You will have to work over weekends and holidays, you will have to cancel plans, and you will have to learn to overcome difficulties, intellectual challenges, and stress. On the other hand, you will always be intellectually satisfied and, if you do a good job, feel a sense of achievement at the end of each task or case. Knowing that this is your chosen career path, will make the perseverance required when aiming for success that much easier.
Sergejs Dilevka is a Member of the Chartered Institute of Arbitrators. He is a Senior Counsel at Galadari Advocates & Legal Consultants and may be contacted on s.dilevka@galadarilaw.com
To be interviewed in future Newsletters, please contact our interviewer Kasia Halliday at khalliday@thinkbrg.com
We chat to Aisha Dalvi, a Member of the Chartered Institute of Arbitrators.
Q. Tell us a little bit about your current role and what attracted you to this position?
A. I am an Associate in Mott MacDonald focussing on contract and commercial management of utilities type projects, particularly wastewater and tunnelling infrastructure.
I started off as a Quantity Surveyor working for Contractors on various types of projects in South Africa. I then moved to the United Kingdom and continued site-based roles with Contractors, progressing to Senior Quantity Surveyor role. To gain experience in consulting, I joined Mott MacDonald in 2008 and progressed from there to an Associate-Contract Management role.
In my current role, I provide project, contract, and commercial management services on a mega infrastructure wastewater project in Abu Dhabi. I manage a multi-disciplinary team of engineers overseeing the supervision of the works under construction. Daily tasks include:
reviewing and responding to correspondence;
Consultation with the client, preparation of presentations and updates for the Client; and
Management of a multi-disciplinary site supervision team, dealing with changes like variation orders and claims and attending meetings with the Contractor and/or Client.
The attraction to this position for me is that I enjoy the variety and the pace of work of mega projects.
Q. When and how did you get to this position?
A. In 2015 I transferred from the UK to Abu Dhabi for a mega wastewater project, which suited my experience, global mobility desire and future aspirations. My commercial management consultancy role had evolved to more of a contract administration, change and project management role. My experience in contract management of large infrastructure wastewater and tunnelling projects in the UK, led to my selection for this role in Abu Dhabi.
Q. How is you career linked with the CIArb and at what point did you join the CIArb?
A. Contract and commercial management of large infrastructure projects will invariably encounter changes, which could lead to variations and/or claims. These changes could lead to disputes, amicable settlement, arbitration or litigation and this is how it is linked with the CIArb.
I completed a MSc Construction Law & Dispute Resolution degree in 2016 and got introduced to the CIArb during my studies. I joined the CIArb as a Member in 2017. By completing the MSc, I was able to gain further confidence from clients regarding my capability to manage change and avoid disputes.
Q. What has been your biggest achievement and has being part of the CIArb helped you realize it in any way?
A. I think the biggest achievements for me personally has been the journey really, the successful transitions between countries, South Africa to UK and then to UAE. Along the way, I pursued continuous development with completion of a Master’s degree, Project Management Professional (PMP) certification, accreditation with the RICS and membership of CIArb.. Many of my peers who are also CIArb members and who I met whilst studying, have provided invaluable guidance and support to me on this journey while also being my sounding board and a reliable network.
I recently joined the CIArb UAE Chapter mentorship scheme as a mentee, so that I can learn and network with individuals with shared interests.
Q. What are your aspirations for the future?
A. I would like to continue supporting clients in the Middle East in varied consultancy contract management roles, possibly in other sectors apart from wastewater and tunnelling. I hope to successfully complete the CIArb’s mentorship programme and complete further study in mediation and award writing.
Q. What advice do you have for someone new to the industry / or someone who would want to follow this career path?
A. Try to balance experience gained with additional formal learning and certification and continuously try to improve on your knowledge-base and network. Try to be prepared in advance for opportunities which may present themselves in the future and remain engaged with your networks. The pandemic showed us the greater possibilities of continuous connection even whilst working remotely. Working on international assignments can be challenging but also very rewarding in terms of personal and career growth. Nothing is permanent. So my advice is give it a try if the opportunity arises.
Aisha Dalvi is a Member of the Chartered Institute of Arbitrators. She is an Associate in Mott MacDonald and may be contacted on aisha.dalvi@mottmac.com.
To be interviewed in future Newsletters, please contact our interviewer Kasia Halliday at khalliday@thinkbrg.com
We chat with Sean Yates, General Counsel for China State Construction Engineering Corporation (Middle East) L.L.C. and a Member of the Chartered Institute of Arbitrators.
Q. Tell us a little bit about your current role and what attracted you to this position?
A. I was attracted to China State Construction because of its involvement with iconic projects across the region and because the size of its operation would require me to use all of the skills I had acquired so far. My role allows me to focus on the construction sector, which had been a large part of my previous General Counsel role with a family-owned group of companies, and provides the opportunity to work within a Chinese cultural environment, which is something new.
I welcome the opportunity to lead a larger team of eight, compared to my previous team of two and to play a part in encouraging younger lawyers to develop their careers. I have the flexibility to shape the team into one that delivers the most value to the business by providing advice and representation internally and through the effective management of external legal service providers.
Q. When and how did you get to this position?
A. I was called to the Bar of England and Wales in 1996 and practised out of Chambers for a decade before coming to Dubai for what was meant to be a year. I have now been in Dubai for 16 years. As there is no equivalent Barrister role or life here, employment options were private practice legal consultant or in-house legal adviser. Had I remained in the UK, I doubt that I would have experienced either of these environments. I am grateful that I received opportunities for both, with seven years in private practice and nine years in-house, seven and a half of which have been as General Counsel.
Perhaps the most significant part of this is how fortunate I have been to experience the legal professional adviser role from these three perspectives, Barrister, legal consultant and in-house Counsel. I no longer wonder what each thinks about the other because I know! I also have a more informed understanding of how they might best work together and can use this knowledge to provide better legal solutions.
The biggest turning point or rather change of direction in my career was my move to the UAE and the decision to stay longer than the initial year. It was not an easy choice, as I took only limited benefit from my first ten years of practice as a Barrister and started afresh with different laws, an unfamiliar legal regime and institutions, and without the professional network, I had built back in the UK. My ‘local experience’ clock was reset to zero. It was like starting a new career.
Q. How is you career linked with the CIArb and at what point did you join the CIArb?
A. Since leaving the UK, I have maintained my status as an employed barrister and conducted over forty-six commercial arbitrations. I remember my first case representing the company at short notice after the external lawyers could not continue acting. It was me against a team of six or seven lawyers on the other side. I remember thinking that at least I had a lot of space to spread out my papers! We did not win, but I was able to split the tribunal such that there was a dissenting opinion in our favour.
Subsequently, I joined CIArb in 2020 to take advantage of its training, its resources, the community, and the professional recognition it offers. I achieved Member status due to my qualifications and experience, and I undertook Fellowship training to sformalise my award-writing skills through Module 3.
I have been particularly impressed by the vocational nature of CIArb’s training. I was able to take an exemption test to pass Module 2 without the need to undergo the full training. For the award writing assessment, training was practical, realistic and had a real-world relevance, far removed from any ‘how to write awards’ textbook. It was also a great opportunity to meet other future arbitrators of all ages from around the world.
Q. What has been your biggest achievement and has being part of the CIArb helped you realize it in any way?
A. Everybody’s legal career is different, from where you begin to where you end up and every step in between. For me, the most significant achievements have less to do with which University or Law School one attended, where you work, what type of law you practise or how much money you make. In my view, achievement is the measure of the difference you made to the clients you acted for, the extent to which you remained true to yourself and your beliefs, and the contribution you made to help others, particularly other lawyers, get a step closer to their own goals.
Learning never stops, as a lawyer and in life generally. I have regularly taken courses on areas of law that interest me and am currently halfway through a PhD that touches on the relationship between International Commercial Arbitration and the new International Commercial Courts. My FCIArb qualification is my most recent qualification and is, I think, essential to my increased sitting as an arbitrator.
Q. What are your aspirations for the future?
A. I am looking forward to opportunities to sit as an arbitrator. Had I remained in the UK, I would probably have begun to sit as a Deputy District Judge, which is a part-time judicial appointment. As a barrister, it is a natural path to look towards the bench and sit on cases. It is seen as a way of giving back to the community. Sitting as an arbitrator while maintaining my General Counsel role appeals to me as a way of satisfying that ambition. If the opportunity comes to sit more frequently as an arbitrator, with a return to academia, this would be a possible third career. The law provides fertile ground for branching out.
Q. What advice do you have for someone new to the industry / or someone who would want to follow this career path?
A. Stay open-minded about the type of legal roles and the type of law you may practise throughout your career, not just because the opportunities that present may take you in unexpected directions, but also because wherever you work, there is a chance to grow and individualise your skillset.
Sean Yates, MCIArb, is a Member of the Chartered Institute of Arbitrators. He is the General Counsel of China State Construction and may be contacted on sean_yates@chinaconstruction.ae
To be interviewed in future Newsletters, please contact our interviewer Kasia Halliday at khalliday@thinkbrg.com
We chat to Cathy Joshi, a Fellow of the Chartered Institute of Arbitrators.
Q. Tell us a little bit about your current role and what attracted you to this position?
A. I am a Chartered Civil Engineer and Project Manager, and a Fellow of the CIArb. I have been working in Dubai for 24 years. I started my career as a civil engineer, moved on to become a project manager and I am now working in construction dispute resolution.
About ten years ago a close friend, who is a HR manager in oil and gas, mentioned that many women change careers in their 40’s, and that their second careers were often more successful than their first. This thought stuck with me and led me to the realization that I wanted to move into the field of construction dispute resolution. I went back to study construction law, and I am now a technical director for a leading global consultancy, HKA, that advises on risk mitigation and dispute resolution, providing expert, claims and advisory services. I act as an independent Expert for engineering and fit-out works. I am also involved in dispute resolution.
In my current role, I use my skills and experience gained from an extensive career in engineering, architecture, project management and contract formation and administration, coupled with my knowledge of design and construction processes from feasibility through to project completion.
Q. When and how did you get to this position?
A. I started my career as a civil engineer working on highway, drainage and small structures in England and the Isle of Man for Hyder/Acer Freeman Fox. One of the reasons I chose to be a civil engineer was that I wanted to work in other countries, so when an opportunity came up in 1994 to work on a project in Hong Kong, I was determined to grab it. Two weeks after my interview for the role, I had packed up and moved to Hong Kong to work on an immersed tube tunnel (ITT) which was part of the new airport project. In those days, a move was a lot harder as I communicated with my family by fax as there were few computers, no email and no mobile phones. After a year, I moved to the USA and worked on another ITT in Boston, as part for the Big Dig project.
I was offered another great opportunity by Hyder in 1997, to move to the UAE to work on the Emirates Towers. I arrived in Dubai in time for ground-breaking and spent the next 2.5 years on what was definitely the best project I ever worked on.
I moved into a project management role with Mace and for ten years worked on projects across Dubai, Abu Dhabi and Bahrain, predominantly on 5-star hotels.
After having two children and working on a more part time basis for a few years I decided to follow my instincts to move careers. I graduated from Robert Gordon University (RGU) in 2015 with a LLM Construction Law and Arbitration (Distinction). Towards the end of the course, I realised I needed experience. So, I approached Peter Evans Partnership, where I worked on the claim preparation for a major highway and bridges project. I later moved to Probyn Miers, a UK consultancy carrying out Forensic Analysis and International Dispute Resolution and Avoidance in Construction. I worked with Chris Miers on several disputes in the Middle East, benefiting from his guidance and mentorship.
I became Probyn Miers’ UAE based representative and worked on several large disputes in the Middle East region including a hospital and a metro project.
Probyn Miers merged with HKA in 2021 and I am happy to be part of this leading global consultancy.
It became clear quite quickly that my friend had been right, and the career move in my 40’s was exactly what I had needed.
Q. How is you career linked with the CIArb and at what point did you join the CIArb?
A. I joined CIArb when I was studying Construction Law and Arbitration at RGU. The CIArb has supported my career development and provided me with access to knowledge and training, which were instrumental in the successful completion of my degree. I am also a Fellow of the CIArb, and this has been acknowledged by clients as an indicator of competence and professionalism.
I attend CIArb meetings as often as I can and find these useful to connect with other professionals in the arbitration field. All of the members I have met have been happy to share their experiences and offer advice, and I am now also advising younger and newer members. Often when I get asked for advice, it is not strictly related to work, but of a much more general nature, such as how to balance children and work. The CIArb allows me to connect with similar women facing similar challenges and this is a great benefit to us in our move towards equality.
Q. What has been your biggest achievement and has being part of the CIArb helped you realize it in any way?
A. My biggest achievement is to have completed a degree in my forties. It was not easy to go back to studying and definitely not easy to start studying law for the first time. I was delighted to get a Distinction for my LLM Construction Law and Arbitration and to become a Fellow of the CIArb shortly after.
CIArb helped me transition from being an engineer and PM to being an expert. The advice I received helped me move into my current role with confidence.
Q. What are your aspirations for the future?
A. I aspire to continue working in the Construction Arbitration field, and to see, and to actively support increasing numbers of women in the industry.
I have continued to work as an Engineer and now as an Expert whilst having a family, which can be challenging at times and can require a level of flexibility of me and my employers.
I am passionate about promoting equality and diversity in the workplace and other areas like sport. HKA and I are currently working with a local school, Dubai College, to support future women in Engineering as well as promoting their U19 Girls rugby team which is going on the region’s first ever girls’ rugby tour to the UK. This will allow me and the team to work with the students and support them in achieving their education and career goals.
Q. What advice do you have for someone new to the industry / or someone who would want to follow this career path?
A. My advice would be to utilise organizations like the CIArb to build your knowledge and contacts. Attend every seminar you can, both at the CIArb and the regular ones run by law firms to benefit from the knowledge the experienced practitioners can pass on.
It is important to pursue your career proactively. I would not have had the opportunities I have had if I hadn’t approached people and ask to be considered for positions, or for help getting experience. I have taken risks, for example by moving internationally to places where I knew no one, and by going back to study as a mature student, but these risks have paid off.
Cathy Joshi is a Fellow of the Chartered Institute of Arbitrators. She is a Technical Director and an Expert at HKA and may be contacted on CathyJoshi@hka.com.
To be interviewed in future Newsletters, please contact our interviewer Kasia Halliday at khalliday@thinkbrg.com
Kevin Kelly is a Member of the Chartered Institute of Arbitrators.
Q. Tell us a little bit about your current role and what attracted you to this position?
A. I am currently a Director at ‘Boultwood + Associates’ in Dubai. I have been appointed as quantum expert, where I submit my own endorsed expert report(s) to an adjudication panel. I also act as the expert alternate and commission lead (second in command to the expert) on numerous large-scale arbitrations.
My journey to get to this position is a little unconventional which involved mainly hard work, a ‘say yes attitude’ but also an element of luck. I graduated from The Nottingham Trent University in 2008 with a degree in ‘Quantity Surveying & Commercial Cost Management’. Since graduating I worked as a traditional client-side Quantity Surveyor (“QS”) in London, Saudi Arabia and Sydney before transferring with Turner & Townsend from Sydney to Dubai in April 2016.
Once I arrived in Dubai I was asked pretty much straight away if I was willing to assist on a major infrastructure arbitration within the region and move into the quantum expert sector. I did not have any experience of working in arbitration at that time and frankly did not know what to expect. However, I agreed to move into the quantum expert world, and it is one of the best decisions I have made in my career. I haven’t looked back since.
Q. When and how did you get to this position?
A. One of the major infrastructure arbitrations I worked on involved assessment of the disputed variation account. Using my experience as a quantity surveyor, I took a lead role in managing a team of approximately 8 QS’s in developing our position on a significant number of variations that were in dispute. By showing initiative, I was given the opportunity to get regular facetime with the quantum expert John Boultwood, in order to explain our assessments of the variations for either his endorsement or edit, and eventual incorporation into his expert report. This enabled me to gain the trust of the expert and to develop an excellent working rapport with the other team leaders throughout the arbitration process whereby, I also assisted on the valuation of the prolongation claim.
After accepting this role and assisting on this arbitration (without prior experience) I was formally asked to join John Boultwood’s quantum expert team.
Since my work on this first arbitration, I have become the expert alternate to John Boultwood on other major international arbitrations. One other significant arbitration I worked on was a major international oil and gas dispute. Here, I took leadership of the entire quantum process and managed a team of 6 support staff in making assessments on suspension/termination claims, disruption claims and variations. My role involved travel to London where our instructing lawyers were based and to Amsterdam where the client was based. Ultimately, I became the client liaison and was trusted by the client, instructed lawyers and ultimately the quantum expert.
I have continued to develop in my career since then and gained vital experience on major arbitrations globally. I personally believe that my passion for the job has propelled me to where I am today as well as my constant desire to learn, understand more and to say yes to any opportunity that arises.
Q. How is you career linked with the CIArb and at what point did you join the CIArb?
A. My career is very closely linked with the CIArb, particularly as I work in dispute resolution and predominantly in large scale arbitrations. I often refer to the CIArb for guidance and support regarding any queries I have with governing procedures. I find the CIArb’s regular communications relevant to my day-to-day work and very helpful. I became a chartered member of the CIArb after completion of my first year of my LLM in Construction Law, Arbitration and Adjudication in 2017.
The CIArb have ultimately enabled me to develop my learning and have provided an environment where I feel I am part of a like-minded community of peers within the industry.
Q. What has been your biggest achievement and has being part of the CIArb helped you realize it in any way?
A. I have two stand out achievements in my quantum expert career so far. These are achieving my MCIArb as well as my LLM and being appointed as the quantum expert for the first time.
Being a Member of the CIArb assisted me in developing my network within the industry, which I credit in supporting me getting to where I am today.
Being appointed as the quantum expert for the first time was an exceptional milestone for me. It showed me that all the hard work had paid off and that a prestigious client has recognised my expertise in the field.
Q. What are your aspirations for the future?
A. My aspirations for the future in the short term are to continue to learn how best to accomplish what is required of me in my current role. i.e., to ensure I always work to the best of my ability and to the standards expected of me. I also wish to continue to be appointed as the expert and to soon have testifying experience. Long term, I wish to become a globally renowned quantum expert and to work on complex, large scale and interesting projects.
Q. What advice do you have for someone new to the industry / or someone who would want to follow this career path?
A. My advice would be to work hard and to ensure that you are enjoying what you are doing day to day. In my opinion a fundamental way to ensure career progression to is to be doing something you enjoy. Further, always ask questions, even if you believe that the question is silly.
I did not have any experience of working in arbitration. However, once presented with the opportunity I embraced it and through hard work and application got to where I am today.
Kevin Kelly is a Member of the Chartered Institute of Arbitrators. He is a Director at ‘Boultwood + Associates’ and may be contacted on kevin.kelly@boultwoodassociates.com
To be interviewed in future Newsletters, please contact our interviewer Kasia Halliday at khalliday@thinkbrg.com
We talk to Yassmine Houmane, a Member of the Chartered Institute of Arbitrators.
Q. Tell us a little bit about your current role and what attracted you to this position?
A. I am a senior associate cost manager at the Expo 2020 Dubai. My work involves managing post-execution stage contractual and commercial issues including certifying payments, reviewing contractor/consultants’ invoices along with supporting documents and ensuring that requests for payment comply with the contract terms and conditions. I am also involved in change management, and contract negotiations, as well as review of drafted contracts during the pre-execution stage. Expo 2020 Dubai is the first Expo in the MENASA region, and I feel that being a part of it, is being part of history.
Q. When and how did you get to this position?
A. After completing my civil engineering degree in France, I returned to the UAE, where I joined Wood Plc., an oil and gas consultancy, as a junior structural civil engineer. In November 2015, Expo organized a youth connect event, which made me very interested in being part of the Expo. Therefore, as soon as Expo launched the first apprenticeship program, I did not hesitate in applying. The recruitment process was challenging and included an all-day assessment and several interviews. It was a very selective process, but luckily, I was part of the “1% chosen ones” – as the interviewers referred to us later and I was offered a placement. I resigned from my position with Wood Plc to join the nine months apprenticeship program, not knowing what would happen afterwards. Everyone advised me not to take this risk, but I always believed that it would be worth stepping outside of my comfort zone if it enabled me to broaden my experience. During the program I met incredible people and developed new skills which helped me evolve both professionally and personally. I also became interested in commercial management, and I was delighted that at the end of the program, I was offered a full-time position at the Expo as an associate commercial manager. To strengthen my knowledge in this field, in 2017 I decided to undertake studies in the Master of Science in Commercial Management and Quantity Surveying at Heriot-Watt University, which I successfully completed in 2019.
Q. How is you career linked with the CIArb and at what point did you join the CIArb?
A. I joined CIArb as a member earlier this year after successfully completing the Mediation training and assessment, following which I became an accredited mediator. Spinoza once said, “no matter how thin you slice it, there will always be too sides” We see things differently depending on our perspective, different point of views, different interpretations, hence, disputes arise. In order to solve disputes, it is important to first of all understand the other party’s stand and what pushed them to see the situation differently.
The mediator skills are essential to tackle and successfully manage the disputes I face in my professional life. The CIArb mediation course equipped me with the required tools and gave me an advantage in my current role when negotiating with contractors and consultants at various stages of the projects. I am interested in pursuing a career in dispute resolution in the coming years and I believe that completing the CIArb’s mediation course has provided me with the opportunities to develop my career in that direction.
Q. What has been your biggest achievement and has being part of the CIArb helped you realize it in any way?
A. Being selected as part of only 1% of all applicants to join the Expo apprenticeship program and later being offered a full-time position as part of the Expo Commercial Management team is definitely one of my greatest professional achievements.
Being part of the Expo has recently provided me with an opportunity to take part in the Government Games as part of the Expo 2020 Dubai female team where I was honored to be selected as the captain of the team. The games included a series of physical and mental challenges. It was a very challenging experience, and I am proud that my team was part of the top 10.
One other achievement to mention would be being a speaker at an International Scientific and Practical Conference titled “Mediation and Law: Regulation and Judicial Practice”, organized by the Kazakhstan government. I was approached to speak about mediation in the UAE and it was my first invitation to speak on this topic. I have been selected by the organizers based on my CIArb status as an accredited mediator in UAE. My speech was on the subject of recent changes in the mediation Law in UAE, specifically the Federal Law No. 6/2021.
Q. What are your aspirations for the future?
A. My aspiration for the future is to put into practice the knowledge I gained from the CIArb’s Mediation Course and gain practical experience utilising amicable dispute resolution methods. I am also planning to study for an LLM in dispute resolution, as I believe that obtaining a legal qualification will provide me with greater opportunities in the future, whether I decide to pursue a career in commercial management or dispute resolution.
Q. What advice do you have for someone new to the industry / or someone who would want to follow this career path?
A. Believe in it, plan for it, and go for it. Take an action now, don’t procrastinate. The biggest risk in life is not taking the risk. There is no use of being afraid of risks. Taking risks widens your comfort zone. Not taking risks limits your comforts zone, your growth and career opportunities. It’s all in your hands, so go for whatever you are passionate about or believe in.
Yassmine Houmane is a Member of the Chartered Institute of Arbitrators. She works as Senior Associate Cost Manager at Expo 2020 Dubaiand may be contacted on yassmine.houmane@icloud.com.
To be interviewed in future Newsletters, please contact our interviewer Kasia Halliday at khalliday@thinkbrg.com
We chat to Philip Norman, a Fellow of the Chartered Institute of Arbitrators.
Q. Tell us a little bit about your current role and what attracted you to this position?
A. I am a partner at Clyde & Co based in Dubai and London, focused on international dispute resolution in energy and infrastructure projects.
I started off as a barrister, spending nearly a decade in London chambers. This grounded me in many different areas of commercial practice, however, the area I found most interesting was international arbitration. IA brings together different legal procedure and jurisprudence (common law and civil law) and different ways of working.
So, to do more of this I moved from chambers and developed my career in international law firms. I still do my own advocacy but am now involved in working with clients on preparing and strategizing their cases.
Q. When and how did you get to this position?
A. I started in the mid-1990s and worked hard. I recognised that to succeed I needed to deliver detailed and quality work consistently. There was also an element of luck, but I had to be prepared for opportunities that arose, often having to step outside of my comfort zone and accepting that there can be failures.
Looking back, I had great support from a good team – not just lawyers, but also my clients and my business management teams. I still continue to have that support.
Q. How is you career linked with the CIArb and at what point did you join the CIArb?
A. I joined the CIArb in 2005, becoming a Fellow in 2006. I went on the first-rate Diploma in International Arbitration course that was led by Phillip Capper and Doug Jones and this was significant in giving me the grounding in international arbitration; without it I do not think I could have developed as well.
With this grounding and with my experience both as counsel and sitting as an arbitrator, I was asked by the government of an African country to provide training on international arbitration, over a 2-day course, to its legal teams in the treasury and civil litigation departments, as well as their parliamentary counsel. I have also prepared papers on IA and presented courses to clients, at seminars and internally to our team of lawyers.
I am now involved in assessing candidate on the ARM and ARF routes to membership and fellowship – and again, each time I am involved, I learn a lot as well as enjoying the fact that I can talk about arbitration.
Q. What has been your biggest achievement and has being part of the CIArb helped you realize it in any way?
A. The first time I sat as an arbitrator and drafted an award was incredibly fulfilling. It brought together all the education and practice I had undergone. The role is so different from being a party-representative and has really helped me in so many aspects of my practice.
The memory of getting that first appointment, through a party nomination, was significant. I had no connection with the party or its law firm, so my appointment was either based on a recommendation or because someone found my profile – I still do not know which. I recall the feeling of pride and achievement, but this was soon (within minutes) replaced by the weight of the task and the responsibility towards the process, the institution, and the parties.
Much of that concern was significantly reduced by my co-arbitrators, who were very experienced, and through that first appointment I learned so much more than I had from practicing as counsel, or even doing my “arbitration pupillage”.
I relied heavily on the CIArb guidance notes and know-how, to get me through it and continue to do so now in all my appointments.
Q. What are your aspirations for the future?
A. I will continue to represent clients in arbitration and will continue to sit as an arbitrator. I expect at some point I will start taking on an increased number of appointments – for now I sit on two or three panels a year.
Q. What advice do you have for someone new to the industry / or someone who would want to follow this career path?
A. Learn as much as you can, from as many sources as you can. Be confident and when you hit a wall, pick yourself up and keep moving forward. Find a mentor and actively engage in that relationship.
This is not an “easy” career and there will be challenges: for example, parties non cooperating, strident views taken by co-arbitrators, expert evidence not making sense and so on. Take time to get into the detail and to understand what each party and co-arbitrators are trying to communicate and then make a reasoned decision and be willing to justify it.
Philip Norman is a Fellow of the Chartered Institute of Arbitrators.
To be interviewed in future Newsletters, please contact our interviewer Katarzyna (Kasia) Halliday at khalliday@thinkbrg.com
We chat to Wisal Nema, a Member of the Chartered Institute of Arbitrators
Q. Tell us a little bit about your current role and what attracted you to this position?
A. I’m a Civil Engineer, heading the Planning and Controls section at a leading consultancy in Dubai, UAE. I am from Iraq and graduated from Baghdad University of Civil Engineering in 1991.
My key role at the company is that of a claims specialist and delay analyst, with the responsibility of providing our Clients with fair and reasonable opinions, determinations and/or decisions. These may involve projects such as roads, infrastructure, traffic study and building.
Assessing claims for an extension of time can be complicated and controversial, often filled with challenges and difficulties. In an ever-increasingly competitive environment, I feel motivated me to go beyond merely daily routine works, and investigate contemporary records and facts, as well as analyse and perform proper consultation with contract parties to render my findings.
Q. When and how did you get to this position?
A. I started my journey in the field of contracts, planning and claims when I accepted a role as a Contract Engineer in a leading consultancy in Dubai, in 2006. I then worked with different construction contractors on various projects. This is when I discovered certain aspects of the construction sector, which I was not familiar with, bringing important additions to my experience. This further enriched my know-how, in all aspects of the construction life cycle from concept, schematic, detailed design, permits, tendering, awarding and closing out contracts in respect of a broad spectrum of construction sectors including for roads, infrastructure, traffic studies, and commercial and residential projects for governmental and private sectors.
It is through continuous development and self-education that I gradually learnt to acquire the necessary skills and knowledge to fully participate in every aspect of a project. I thus developed the expertise and leadership necessary to play an effective role in the construction industry.
My desire to gain the necessary technical skills, experience and confidence never faded over the years and resulted in my appointment as the Head of Planning and Controls.
Q. How is you career linked with the CIArb and at what point did you join the CIArb?
A. My journey with arbitration started when I attended a workshop in Dubai conducted by a popular international arbitration centre. This took place in 2016, and as an Engineer, I found the subject matter appealing and noticed that to some extent there is a connection between an Engineer’s role and that of a claims expert, who must render determinations of entitlements according to the best practices in the industry. This encouraged me to go beyond civil engineering and dive into the topics of civil and common law.
Consequently, I felt encouraged to pursue my qualification through an expert body of the arbitration industry and joined the CIArb in 2018. I initially completed the Introduction to International Arbitration course, followed by Module 1 and Module 2 which made me eligible to join CIArb at Member Level in 2019. I am currently pursuing my fellowship with CIArb participating in Module 3 – Evidence, Decision Making and Award Writing of International Arbitration, which has recently commenced.
Q. What has been your biggest achievement and has being part of the CIArb helped you realize it in any way?
A. I consider my continuous successful project deliveries to my Clients, meeting their expectations, as my main achievements. Projects that are well planned and executed in a controlled manner before being closed out, with all disputes having been avoided or resolved by the Parties, provide me with a sense of accomplishment. I recognize that the most crucial element in my professional journey is when I discovered what it is that keeps me excited and motivated to expand my expertise further and beyond. Being part of the CIArb community helped me on my professional journey. The CIArb certifications open the door to increased opportunities and exposure to both legal and engineering specialists to learn more and share knowledge, practices and experiences.
Q. What are your aspirations for the future?
A. I believe that education has no limits or end. I will therefore continue to pursue my path to fellowship with CIArb, improving my skills in arbitration and other dispute resolution, such as mediation, which is now in high demand globally. I welcome the recent developments in ADR within the UAE, as they provide alternatives to the most commonly used forums of litigation and arbitration, especially the UAE Federal Law No. 6 of 2021 on Mediation for the Settlement of Civil and Commercial Disputes, issued in April 2021.
I will continue to develop my knowledge whilst growing my connections with professionals in the arbitration industry. My ambition is to start my career as independent arbitrator and claims consultant within the construction industry and to be listed with esteemed institutes.
Q. What advice do you have for someone new to the industry / or someone who would want to follow this career path?
A. Set your goals and path, listen to the professionals, pay attention to small details and keep learning. As you are progressing, you will discover there are always more to learn and additional skills to acquire. Be patient and enthusiastic but respect opinions of others, even when they are not in line with your aspirations. Finally always remember: “One is a scholar as long as he keeps seeking knowledge, the moment he thinks that he has learned it all, he is ignorant” (quote by Ibn Mubarak)
Wisal Nema is a Member of the Chartered Institute of Arbitrators. She is a Civil Engineer, and Head of the Planning and Controls section at Alturath Engineering Consultants and may be contacted on wisalnema2004@yahoo.com
To be interviewed in future Newsletters, please contact our interviewer Katarzyna (Kasia) Halliday at khalliday@thinkbrg.com
We chat to Haitham Khaireldin, a Fellow of the Chartered Institute of Arbitrators.
Q. Tell us a little bit about your current role and what attracted you to this position?
A. I am currently working as an engineering expert at the Courts Department of the Government of Ras Al Khaimah (RAK). I am a member of their internal team of experts and, as part of my job, I am regularly appointed by the Courts to provide independent expert opinions in various types of disputes.
During my 15 years long career, I have worked for contractors and consultancies, and have been privileged to participate in complex and prestigious projects across the globe, working as a site engineer, project controls engineer, claims consultant and independent expert witness.
After several years analogous to a tug-of-war, representing contractors, developers and governments, it was my appointment as an expert witness in arbitration that ignited my interest in providing independent advice/determination. My current role gives me the opportunity to act as an independent expert on a regular basis.
Q. When and how did you get to this position?
A. I joined RAK Courts in June 2018. My hire was part of RAK Courts’ initiative to build an internal expert team from different backgrounds and expertise, previously employed by well-known consultancies, and with the highest qualifications relevant to their speciality. What got me to this position was a combination of things namely:
my background in civil engineering, quantity surveying and construction law;
my qualifications as an accredited expert witness, being a Fellow of the Chartered Institute of Arbitrators and a Member of the Chartered Institution of Civil Engineering Surveyors; and
my previous employment by a well-known expert firm, HKA.
Q. How is you career linked with the CIArb and at what point did you join the CIArb?
A. Studying construction law and arbitration and joining CIArb provided me with a comprehensive understanding of the role of a neutral in dispute resolution. My day-to-day job revolves around applying those principles when dealing with the parties in dispute.
To obtain CIArb membership, I followed the Recognised Course Provider Route. After successfully completing my first year of LLM studies, the CIArb accepted my registration at Member Level in 2013. In the second year of my LLM studies I undertook an additional module – Award Writing. Following successful completion of the Award Writing Module and attending CIArb’s Peer Interview, I became a Fellow.
Q. What has been your biggest achievements and has being part of the CIArb helped you realize it in any way?
A. I believe my biggest achievement has been successfully diversifying my expertise and knowledge, resulting in my employment with the RAK Courts. Joining the CIArb provided me with the much needed recognition in the industry, and I believe assisted in my joining the RAK Courts.
Q. What are your aspirations for the future?
A. I previously completed an LLM in Construction Law and Arbitration, which ignited my interest in further legal studies. I am currently pursuing a postgraduate diploma in law (PGDL) at BPP University, which I am due to complete next year. Completing the diploma will prepare me to become a qualified solicitor, and I trust , that this will further my career in arbitration.
Q. What advice do you have for someone new to the industry / or someone who would want to follow this career path?
A. It may sound a bit cliché, but nothing beats patience and perseverance to achieve one’s goal. I started as a site engineer in Upper Egypt and the deserts of Sudan, and 15 years later I have handled offshore windfarm disputes in Europe and multi-billion-dollar oil refinery claims in the Middle East, and everything in between. My advice is not to rush and to start from the ground up. Having said that, always aim high and pursue every opportunity to develop skills and knowledge. Lastly, do not be afraid to take some calculated risks – you will eventually reach where you want to be.
Haitham Khaireldin is a Fellow of the Chartered Institute of Arbitrators. He is an engineering expert at the Courts Department of the Government of Ras Al Khaimah (RAK) and may be contacted on haitham.e@gmail.com
To be interviewed in future Newsletters, please contact our interviewer Katarzyna (Kasia) Halliday at khalliday@thinkbrg.com
We chat to Sally Kotb, a Fellow of the Chartered Institute of Arbitrators.
Q. Tell us a little bit about your current role and what attracted you to this position?
A. I am an Egyptian Qualified lawyer and have been practising in the Middle East for 12 years. I am currently a Counsel in the UAE Dispute Resolution and International Arbitration Practice of Baker McKenzie Habib Al Mulla in Dubai, specializing in international commercial arbitration with particular focus on construction and energy disputes. I have acted as counsel and arbitrator in both English and Arabic under most leading institutional rules including the ICC, DIFC-LCIA, DIAC, CRCICA and ADCCAC.
My experience also includes drafting expert opinions on various legal concepts of UAE law in support of both domestic and international arbitrations. I am also often involved in providing strategic advice to clients early on before a dispute formally materializes with a view of safeguarding the clients’ interests and minimizing their litigious risks.
I have acted as the regional representative of the LCIA Young International Arbitration Group (YIAG) for 3 consecutive years and have earned the internationally-recognized designation of Fellow from the prestigious Chartered Institute of Arbitrators (FCIArb).
In addition to organizing and speaking at conferences, I am also a registered trainer of the Dubai Legal Affairs Department (DLAD) training program, which aims to provide training and professional development to advocates and legal consultants in the Emirate of Dubai.
I am admitted in Egypt and was a member of the Egyptian Bar Association since 2006. I am also the author of numerous articles and guides on arbitration, including the Annotated Guide to Arbitration in the UAE – Volume 1: The UAE Arbitration Chapter, Thomson Reuters, 2014, in which I was involved as co-author.
I always dreamt of being a lawyer since I was young believing that it would help in changing the world to a much better place. I used to watch an Egyptian TV programme called, “Behind the Cell” back in the 90s whereby criminals used to be interviewed to tell their story and the reasons that have led them to commit their crime. As much as I felt the pain of the families who had lost their loved ones, I was also very keen to focus on the offenders’ background, the environment they were brought up in, their education if any etc. I felt that being a disputes lawyer would help me solve peoples’ problems and allow me to protect the weak and poor people.
Q. When and how did you get to this position?
A. I graduated from Alexandria University, School of Law in 2006 following which I have Joined Zulficar & Partners Law Firm in Cairo. At the beginning of my career I was keen to be exposed to various areas of law, including maritime law, corporate law, IP law etc before specializing in a special area of law.
During my time at Zulficar & Partners, I was part of the arbitration team that was spearheaded by Prof. Dr. Mohamed S. Abdel Wahab. During my time at Z&P, I had the privilege to work in a great arbitration team and handle various aspects of the arbitration process, including in terms of preparing first cuts of various submissions and applications with the Tribunal and opposing party.
I moved back to the UAE in 2012 where I joined Baker McKenzie Habib Al Mulla as a mid-level associate and continued my career-progression with the same firm until I got promoted to Counsel on 01 January 2019.
I applied for the position through an application that I have filed with our Firm’s Global Management and Promotion Committee, which also enclosed a detailed business development plan. I had to meet a very strict number of performance, including development and financial criteria. I have worked closely with my line managers in Dubai to ensure that I met the required criteria and demonstrated that I can deliver on my business plan going forward in line with the Firm’s Global and Regional Strategy.
My detailed application was submitted to the EMEA Executive Committee in early December 2018 and has been thankfully approved back then leading to my promotion from Senior Associate to Counsel in January 2019.
Q. How is you career linked with the CIArb and at what point did you join the CIArb?
As an arbitration lawyer, I was very keen to obtain the certified accreditation of Fellow from the Chartered Institute of Arbitrators as the world’s leading professional body for dispute avoidance and management.
I took the Accelerated Route to Fellowship Course (Modules 3 and 4) in 2016, which was offered through one of the CIArb local offices in Dubai in 2016. It involved intense number of workshops and mock exams that mirrored the procedural milestones that are typically encountered in international arbitration process. Module 4 was focused on International Award Writing and was a great opportunity to practice in real time how an Award should be drafted in line with international arbitration standards and rules.
Whilst Modules 3 and 4 were advanced arbitration programmes, it was structured in a way that embraced candidates from different backgrounds, including, engineers, professors, etc who did not necessarily have a legal background. The instructors were highly regarded arbitration practitioners who have acted as arbitrators in different industry sectors for many years and were able to convey their experience in a very engaging and simple way. The fact that the CIArb also offers different levels of courses is beneficial to encompass a wide variety of candidates from different professional backgrounds and be a pathway for anyone who is interested to commence a career in arbitration.
Q. What has been your biggest achievement and has being part of the CIArb helped you realize it in any way?
A. I am grateful that I have managed to create a brand for myself and enhance my connections especially in the Dubai and Egyptian markets. I am also grateful that I am now at the top of my professional career as an arbitration lawyer, an arbitrator and as a first time mother to my one year old baby girl.
Achieving the Fellowship accreditation has enabled me to strengthen and enhance my connections in the arbitration community, which is generously offered to me through CIArb’s network and operations in multiple jurisdictions. While I recognize that receiving the CIArb Fellowship does not automatically lead to arbitrator appointments, it was definitely a door opener for me to receiving further arbitral appointments and be considered by leading arbitration institutions for arbitrator nominations either a sole arbitrator or co-arbitrator.
I secured my first appointment via a decision made by the Executive Committee of the Dubai International Arbitration Centre in 2014 where I acted as a sole arbitrator in a real estate dispute in connection with a hotel development in Dubai. The dispute was governed by UAE law and subject to the DIAC Rules. It was a 3 million Dirhams dispute and relatively straightforward involving the usual claims pertaining to the delay in handover of sold units by their anticipated completion date.
I was very excited to get my first appointment and made every effort to ensure it was conducted in an expedited and efficient manner. Although arbitration institutions in Dubai were taking steps to encourage the appointment of young arbitrators especially in small claims, this was not very well perceived by some of the parties. For example, I recall in one of my early cases, the Respondent challenged my appointment on the basis that I was young and not a UAE national and therefore would not grasp the nuances of UAE law. The Respondent’s application was rejected by the Executive Committee and I was informed by the centre following the completion of the arbitration that the Respondent tried to challenge my award before the UAE Courts, which I understand was unsuccessful. I was keen to leave a first good impression with the Executive Committee, which enabled me to secure future arbitrator appointments through DIAC and other arbitration institutions, including the DIFC-LCIA, ICC, ADCCAC, BCDR, & CRCICA.
In a nutshell, the main factor for getting arbitrator appointments is to seek every possible opportunity to be visible and have a reliable name in the market and among your peers. This could be through publishing articles and client alerts, seeking speaking opportunities and also obtaining accredited certifications such as FCIArb. I also found that strengthening my relationship with my peers and supporting them in their initiatives very helpful and generated new opportunities for me either as arbitrator, being invited to speaking engagements and even recently being appointed as a Regional Representative to the Middle East ERA Pledge Subcommittee and a Member of the ERA Pledge Young Practitioners Subcommittee.
Acting as administrative secretary to arbitration tribunals is also very important and has allowed me to grasp how arbitrations are conducted procedurally from an arbitrator’s perspective. I had the privilege to act as administrative secretary to several highly regarded arbitrators in the arbitration field, which have in turn exposed me to dealing with several case managers in leading arbitration institutions. Over the years, I was able to secure my own arbitrator mandates either through party nominations or institutional appointments.
Q. What are your aspirations for the future?
I am keen to continue progressing in my professional career and strengthen my connections with my clients and peers in the arbitration community. I am also keen to increase my portfolio of arbitration nominations and registrations with arbitration institutions. I am proud that I am currently sitting as a sole arbitrator in a BCDR arbitration, which was one of the arbitration institutions in which I was keen to be registered.
Q. What advice do you have for someone new to the industry / or someone who would want to follow this career path?
Passion humility and hard work are the three main traits for a successful legal career. Be eager to learn and grasp new experiences no matter how far you progress in your career. You should always be learning especially in a knowledge driven field like the legal industry to keep pace of constant business and legal developments. On a personal level, it is very important to be humble and capable of demonstrating empathy and respect to your colleagues in order to maintain your success. Last but not least, always keep in mind that “confidence is healthy, ego is destructive.”
Sally Kotb is a Fellow of the Chartered Institute of Arbitrators. She works as Counsel for Baker Mckenzie Habib Al Mulla and can be contacted on Sally.Kotb@bakermckenzie.com
To be interviewed in future Newsletters, please contact our interviewer Katarzyna (Kasia) Halliday at khalliday@thinkbrg.com
Mohamed Arafa is a Member of the Chartered Institute of Arbitrators.
Q. Tell us a little bit about your current role and what attracted you to this position?
A. I am the Contracts Director of a leading General Contracting Group of Companies in UAE, based in Dubai with an annual turnover of AED 1 Billion. I report to the Managing Partner and I am one of the four Board Members of the organization. My job is full of perks, daily challenges and problems to solve. But my passion for redefining Commercial and Contracts Management as a key success factor in leading contracting firms is what motivates me about my job, in addition to looking after the growth of an ambitious firm which shares the same passion.
Q. When and how did you get to this position?
A. Actually, I started to practise contracts management 18 years ago, and I have practised in different jurisdictions such as Singapore, Malaysia, Indonesia, Brunei, India, in the GCC and in Africa. Upon graduation, I covered the junior level gaps in many areas of the Construction lifecycle for a couple of years and this confused me about the path to choose for building up my career.
However, it enriched my knowledge of and familiarity with construction-related works: from feasibility study, business case, concept design, detailed design, permits, tendering, procurement, planning, pre/post contract establishments, accounting HR, execution, change control, snagging to the close-out of diversified sectors such as the Residential, Commercial, Hospitality, Medical, Industrial, Defence, Aviation and Utilities sectors. Consequently, over the years, I recognized that loving what you do at a younger age to do what you love in the future is the key to succeed.
Moreover, I realized while getting involved in different departments within those sectors that their success depended on how they integrate as a whole, defining the relevant scope and monitoring its implementation to avoid internal/external conflicts, uncertainties, doubts and subsequent disputes (meanwhile to have early disputes avoidance approaches and preventive measures rather than corrective actions).
In parallel, I learnt about my interpersonal soft skills regarding problem solving and coaching which were noticeable by others too, and I recognized my inclination to acquire Commercial and Contractual practical knowledge and my desire to gain necessary hard skills, until I gained a sound level of experiences and confidence to grow and become a Contracts Director. I totally agree with the quote “do not look for title, it will look for you” and also “title does not make you, you make the title”.
Moreover, the knowledge train never stops and a continuous learning path is what made me who I am!! Building a career consistent with your interpersonal skills helps to tailor your career path to suit you and enhances professional development. In other words, learning what is truly suitable for you is smarter than learning what is just popular.
Q. How is you career linked with the CIArb and at what point did you join the CIArb?
A. I joined CIArb in the fourth quarter of 2020. Being a Contracts Specialist, I believe that my primary role is to avoid disputes. But conflicts arise sometimes. I am also responsible for all litigations and legal affairs in my organization. Some of those cases go through Arbitration. So, I decided to pursue an assessment to my qualifications and track-record through Expert pathway with the CIArb to achieve a recognisable certification in the same field.
Based on my research, I discovered that approximately 60+% of commercial disputes at Courts nowadays are related to the construction sector. Such cases are not analysed exclusively by the Courts but with the help of external experts who are hired to determine the entitlements and give recommendations for judgments. While I found that there are many construction experts in the market, I also observed that there is a shortage of experts who are sufficiently qualified to run arbitrations and/or litigations through an acceptable certification. Therefore, I decided to join the CIArb to obtain a certification.
Q. What has been your biggest achievement and has being part of the CIArb helped you realize it in any way?
A. For me, any project I successfully deliver to a Client in line with its objectives, and which is profitable to my Employer is an achievement. Projects need to be well planned, executed and controlled to avoid conflicts between the parties. However, my biggest achievement is shifting people’s doubts about Contracts Management to confidence and trust. Initially, on many occasions, I noticed that people’s impression about Contracts Specialists is that they are trouble makers.
Now the same people approach me for problem solving to prevent issues. I prioritise interest-based negotiations over directive approaches with clients, colleagues and stakeholders. I have thus managed to secure many projects for the Employers I have worked for and looked after those projects’ delivery and achieved successful completions.
The CIArb certification has helped me to develop my own brand. While working towards the certification, I recognized that I am on the right career path for me. CIArb opens the door for a wide range of benefits and communications with specialists with similar interests to share ideas, practices and experiences.
Q. What are your aspirations for the future?
A. To have my own business in Commercial and Contracts Consultancy and to build an international brand where I can offer my services from Far East to West.
Q. What advice do you have for someone new to the industry / or someone who would want to follow this career path?
A. Pay attention to details to grow fast at younger age. Never ever give up, try to identify your weaknesses and turn them to opportunity. Stick to the quality of what you do more than quantity which will improve over time. Coach the team (do not just lead them). Learn high-level info about each section of your business domain and be a specialist in one only.
Mohamed Arafa is a Member of the Chartered Institute of Arbitrators. He is a Contracts Director with Parkway International Contracting of Dubai and can be contacted on mdmoustafa2010@yahoo.com
To be interviewed in future Newsletters, please contact our interviewer Katarzyna (Kasia) Halliday at khalliday@thinkbrg.com
We talk to Liliia Pylypchyk, an Associate of the Chartered Institute of Arbitrators
Q. Tell us a little bit about your current role and what attracted you to this position?
Recently, I embraced a role of Delay Analyst, which is my first career step to the field of Alternative Dispute Resolution (ADR). I support an international team of experts in Pre-Dispute Advisory, Negotiation, Mediation and Arbitration cases in construction.
I have always appreciated the technical side and complexity of my Civil Engineering background. Yet, I always wanted to go beyond purely technical tasks. What particularly attracted me to my current role is that while it fully engages my technical background and experience, it requires me to investigate, analyse, interpret, consolidate and eventually communicate intertwined technical matters to a non-technical audience.
Being an ADR practitioner is not only about what you can do, but largely about who you are and which values you embody. The work becomes a creative and fully engaging process, where the end product will always reflect not only your skillset, but a part of who you are.
Q. When and how did you get to this position?
My acquaintance with disputes happened a couple of years ago when I was working for a contractor here in Dubai. Among other tasks, my role involved coordination with our commercial manager, who would give me small assignments related to contracts and claims. They quickly drew my interest and very soon I was convinced that it is the path I want to follow.
I started learning about planning, delay analysis, and getting into more details of contracts and after a while I was able to start assisting our commercial manager in construction claims preparation. However, once I got acquainted with a framework of ADR, it became clear that, that is where I belonged.
I owe a lot to the mentorship I received from my commercial manager. My genuine interest and his encouragement motivated me to perform all the hard work I have accomplished and eventually form a strong competitive background in delay analysis, which allowed me to make the transition to my current role.
Q. How is you career linked with the CIArb and at what point did you join the CIArb?
At the moment, I hold an Associate membership of CIArb, which I acquired after taking a course of Introduction to International Arbitration. I took this course as I was interested in understanding the framework of ADR; I was still engaged with the contractor at that time. I believe it was a pivot point which defined my career aspirations. As my current role is directly related to ADR, the knowledge and skills I obtained while preparing myself for the role, helped me to start contributing to the projects team quite rapidly, despite the fact that I was new to the field. The exposure I received widened my vision. So, now I can always keep an eye on the bigger picture while performing discrete assignments. Furthermore, my CIArb membership allows me to remain acquainted with the latest industry trends as well as be in touch with like-minded people.
Q. What has been your biggest achievement and has being part of the CIArb helped you realize it in any way?
A. In my view, the most valuable aspect of my professional journey was the fact that I was actually able to make this change and start doing what really excites me. It took me some time to discover and establish my current career path and it was not a journey of one step. But now I cannot underestimate the importance of doing what truly suits me. I believe that the exposure that I received when I joined the CIArb helped me to refine myself before I even started my journey on this path.
Q. What are your aspirations for the future?
A. I am lucky to be surrounded by talented experts and I would be honoured to become a recognized ADR expert one day. It would be absolutely great to have an opportunity to lead and share experiences with a team of young professionals as well as contribute to further development in the field of ADR.
Q. What advice do you have for someone new to the industry / or someone who would want to follow this career path?
A. I believe that the key is in being open to knowledge, people and experience. It is essential to be mentored as well as to fuel your genuine interest with your own hard work. So when the right opportunity comes across, you will be ready to step up for a change.
Liliia Pylypchyk is an Associate of the Chartered Institute of Arbitrators. She is an Analyst at Accuracy and can be contacted on liliia.pylypchyk@gmail.com.
To be interviewed in future Newsletters, please contact our interviewer Katarzyna (Kasia) Halliday at khalliday@thinkbrg.com
CIArb UAE Branch News 