Thirdly Edition 4

INTERNATIONAL ARBITRATION 1/3LY

IN CONVERSATION WITH LOUISE BARRINGTON 33

IN CONVERS AT ION WI TH LOUISE BARRINGTON

INTERNAT IONAL ARBI TRATOR , MEDI ATOR AND CONSULTANT Alec Emmerson, Consultant at Clyde & Co in conversation with Louise Barrington, Independent Arbitrator, Director of Vis East International Commercial Arbitration Moot and Founding President of ArbitralWomen

So I said “Well, howabout if I start one in Asia that will compete with Vienna, possibly siphon off some of the teams that would normally come to Vienna, and alsomake it easier for Asian people to attend? Both financially and psychologically a trip to Hong Kong would probably be a lot easier for them than Vienna?” So with some doubt Eric said “Well try it, we’ll see how it works out” and so that’s how the Vis East started in 1993. ALEC And howmany teams did you get initially? LOUI SE We startedwith 14 teams – Eric had started with 11 in Vienna – and in twelve years it has grown to over 100 teams. ALEC Remarkable. How fast did it grow in Hong Kong? LOUI SE It grew very quickly, by about 10 teams per year. When it reached 64 teams, people started to say tome “This is getting really big, like Vienna”. Viennawas about 200 teams at this point. I felt very strongly that we should keep Hong Kong fairly small by comparison because part of what we noticed about Hong Kong was that the smaller communitymeant that it was very friendly. Everybody couldmeet each other and maintain friendships fromyear to year; whereas, I was finding that in Vienna it was hard to findmy friends. I would say “Oh, I’ll see you in Vienna” andwe would sort of wave at each other across a crowded roomand then never cross paths again. Just as important was the logistical factor because Hong Kong just does not have access to the same number of professionals and space is at a great premium there, so unlimited growth wouldmake running the Vis East very difficult tomanage.

T HE HI S T OR Y OF T HE V I S E A S T MOO T A ND T HE A RB I T R AT OR S OF T HE F U T URE ALEC The Vis East International ArbitrationMoot has had a successful run over the past 12 years. Tell me about how it all came about. LOUI SE I was invited to go to theWillemC. Vis International Commercial ArbitrationMoot in Vienna as an arbitrator and I found that it was a fabulous experience both for the students and the arbitrators. It was a real joy to be there on the first day and to see those shy, nervous, unsure students and then to see themagain on day four, bywhich time they had become quite open professionally. That really impressedme andwhat’s more, inmy role as arbitrator I was sitting with people like Pierre Karrer and Professor Martin Hunter, whom I would never have had the chance to work with otherwise because I was just beginningmy career at the time. ALEC Yes, andwere you based in Hong Kong at the time? LOUI SE Yes. I was teaching at City University in Hong Kong and having been in Asia for several years I was aware of the arbitration culture in various places and the lack of it in others. I loved the VisMoot in Vienna but in talking to Eric Bergsten, the Director of the VisMoot at the time, I became aware that they were very over-subscribed. Eric said “We’ve got well over 100 teams. It’s getting really big; it’s hard tomanage. I don’t know what we are going to do – I hate to say no to anybody.” So I suggested a regional run off in Asia. He threwup his hands and said “No, absolutely not, EVERY Vis participant should have a truly international experience”.

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