Q. Tell us a little bit about your career journey and what your work involves currently?
A. I consider myself privileged to have had the opportunity to serve as a lawyer for some of the most notable entities in the construction industry, in addition to being appointed as arbitrator on matters governed under various institutional rules and seats.
I qualified as a lawyer in 2003 in New York and immediately started working at a top tier law firm specializing in construction and infrastructure law. A good portion of my work was of international nature and involved various projects across the world. So, I was exposed to various cultures and their professional environments.
In 2008, a prestigious white-shoe law firm (headquartered in Washington DC) approached me to relocate to Abu Dhabi and help with the firm’s growth in the Middle East. It was a unique opportunity, and I was ready for it. My work continued to include a great deal of dispute avoidance and dispute resolution, including mediation and arbitration on mega projects around the Middle East.
In 2016, I set up Chrysalis, a consultancy that focuses on arbitration and mediation serving the construction and real estate industries.
Q. At what point did you join the CIArb and how is you career linked with the CIArb?
A. I received my first arbitral appointment in 2013. It was a sole appointment by the court of arbitration of a notable institution. I immediately contacted one of my old bosses who put me in touch with a renowned arbitrator in the UAE. He, eventually, became my mentor. Through my mentor and a female friend who was a member of the management board at the CIArb, I learnt more about the CIArb and its mission. I ended up taking several CIArb courses in arbitration and mediation including the Accredited Mediation Course and the Oxford Diploma in International Arbitration. I benefited a lot from these courses.
As an international arbitrator, I find the CIArb and its guidelines pivotal in my approach to every single. Also, the CIArb provides me with a close network of industry professionals (lawyers, engineers, and experts) who are likeminded.
Q. How did you become involved in the CIArb UAE Branch Mentorship Scheme?
A. An active member of the CIArb recommended me to the committee members in charge of the mentoring programme. Soon after, I received an email invitation to act as mentor and I gladly accepted it. Thereafter, I was put in touch with five industry professionals who became my mentees (some are already Fellows of the Chartered Institute but wanted to gain a bit more practical knowledge).
Q. What was your engagement with your mentees and the facilitator like during the programme?
A. My mentee group includes an architect, a research fellow and lawyer, a practicing solicitor, a civil engineer and quantity surveyor. The excitement and enthusiasm of these professionals are behind the success of our program.
We hold monthly “Zoom” meetings and try to meet in-person after every third such call. Our facilitator does the coordination and ensures we find a suitable date and time to meet once a month.
Prior to coming to the sessions, everyone reads up on the material we have selected together so we can review and discuss them during the sessions.
The material includes various articles of interest such as CIArb, IBA and LCIA notes and guidelines on various aspects of international arbitration. We have also discussed matters related to the profession’s ethics and integrity, mental health, diversity and inclusion.
In addition, the mentees have been put to task to prepare PowerPoint presentations in their respective areas of the profession relating to arbitration and/or dispute resolution.
Our Facilitator and mentee, Kate Blotskaya, researched and presented on calculation of pre and post-award interest from a quantum perspective.
Mentee, Ahmed Mazlom prepared a comprehensive hour-long presentation on comparison between Commercial and Investment Treaty Arbitration.
Mentee, Austen Smith is working on a presentation on Betterment in relation to design defects; both from the perspective of mitigation and damages.
Mentee, Ross Martin will present on investor state arbitration.
When possible and during our in-person meetings, we have invited other arbitrators to join and share their insights about their journey.
Q. What do you think mentees could do more of to obtain more benefit from the program in the future?
A. We are lucky to be dealing with senior professionals in the mentorship program. My mentees are the true force behind the initiative. They know that they, and only they, hold the keys to their professional development. They come prepared and eager, so we have meaningful discussions, exploring the academic material and practical scenarios that could result from them.
Q. As a mentor, what do you take away from this mentoring cycle? Any learnings to share with other mentors, mentees and facilitators who will be joining the program in the next cycle?
A. I think we should have a light approach to the program. It needs to be fluid rather than rigid and formal and a collaborative process. The mentor, in addition to sharing knowledge, should create an open and professional space for mentees to ask questions and share information with ease and without the fear of being judged.
Q. To close off, we have two last questions – What has been your biggest achievement and would you say that being part of the CIArb helped you realize it in any way?
A. I have been truly fortunate to appear as counsel before some of the most impressive international arbitrators known to our industry and later serve with some of these professionals on tribunals. My involvement with the CIArb provided me with credibility, further rooted my credentials, and widened my network.
Q. What are your aspirations for the future?
A. To continue learning and passing it forward. As my own mentor always says: “we are all in it together”.
Aarta Alkarimi is a Member of the Chartered Institute of Arbitrators. She is an international arbitrator and lawyer specializing in construction and engineering. She may be contacted at alkarimi@chrysalis-llp.com
Mentoring Program Testimonials
“For me the mentoring programme has been invaluable. I became a Fellow in 2012 by undertaking the Kings College Masters in Construction Law and the optional award writing exam. I was a member of the London branch until my move to the UAE. The programme has allowed me to widen my network and bring back to the front of my mind what I previously learnt. Both my mentor and facilitator have been excellent in leading the group and distilling their knowledge and well as encouraging the rest of the group to increase their arbitration knowledge. In my opinion the UAE branch committee should be commended for setting up this initiative and other branches would do well to replicate it.”
Austen Smith – Mentee on the CIArb UAE Branch Committee’s Mentoring Program
Austen Smith is a Fellow of the Chartered Institute of Arbitrators. He acts as expert witness and is an Senior Associate with Hawkins. Austen can be contacted on Austen.smith@hawkins.ae
“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 acting in different roles to me. I found this very helpful and interesting. Our mentor brought her practical knowledge and experience into the process. She inspired the group and encouraged our development and provided useful guidance to us on our journey to becoming an arbitrator. Through the programme, I was able to expand my network of industry peers and develop friendships with others who are keen to be future arbitrators. I am thankful to the UAE CIArb branch for this opportunity, which I personally found to be invaluable.”
Kate Blotskaya – Facilitator on the CIArb UAE Branch Committee’s Mentoring Program
Kate Blotskaya is a Member of the Chartered Institute of Arbitrators. She acts as a claim consultant and as assistant to Quantum experts. Kate is a Director in FTI Consulting Forensic and Litigation Consulting practice in Dubai and can be contacted on Kate.Blotskaya@fticonsulting.com.
“We started the Mentorship Programme for the first time in the UAE and that was probably the best initiative that connected members from different background and level of experience on the same task.
Selection of great mentors was another success I am particularly proud of. They are leading us though all aspects of arbitral proceedings and are providing us with invaluable lessons that are hard to be found in the literature.
We have carefully created groups by mixing participants with different backgrounds in order to maximize the knowledge sharing and to provide different views for discussions.
The best thing from this programme for me is the opportunity to network with participants, share contacts, experience and literature and to learn practical steps in entering the Arbitration arena. Before this programme, it felt like an impenetrable circle of professionals. But now, it looks more as a group of friends and colleagues who enjoy working together.
Great interest of our members to participate in the Mentoring Scheme is another good sign and we will work together to enhance the quality of the Programme. I seize this opportunity to invite our members to express their interest to participate as mentors, facilitators or mentees in the next Mentoring cycle.“
Nebojsa Pavlovic – Mentoring Programme Coordinator and Committee Member of the CIArb UAE Branch
Nebojsa Pavlovic is a Fellow of the Chartered Institute of Arbitrators. He runs his claim consultancy company in the UAE and acts as delay and technical expert on infrastructure and industrial projects. Nebojsa can be contacted on Nebojsa.Pavlovic@adlitteramco.com
To be interviewed in future Newsletters, please contact our interviewer Katarzyna (Kasia) Halliday at khalliday@thinkbrg.com