Professor Albert Jan van den Berg is a partner at Hanotiau & van den Berg (Brussels). He is a visiting professor at Georgetown University Law Center, Washington, DC; and Tsinghua University Law School, Beijing. He is emeritus professor of law at Erasmus University, Rotterdam. He is presiding and party-appointed arbitrator in numerous international commercial and investment arbitrations. He was president of the International Council for Commercial Arbitration; president and secretary-general of the Netherlands Arbitration Institute; and vice president of the London Court of International Arbitration.
WHAT ATTRACTED YOU TO A CAREER IN LAW AND TO FOCUS IN INTERNATIONAL ARBITRATION?
I was slated to take over my father’s successful trading business, which he started. Midway, I started to like law, particularly the international dimension, inspired by my comparative law professor, Kisch. I informed my father that I wanted to be successful as he was but from my own efforts. Although he was disappointed, he supported my decision. Kisch then directed me to David, a French professor of international commercial arbitration, who became my thesis director for my first doctorate in law. David then directed me to Pieter Sanders, who not only supervised my doctoral thesis on the New York Convention, but became my role model. I became Piet Sanders’s private assistant, editing the yearbook, and worked at TMC Asser Institute, setting up the international commercial arbitration department.
WHAT QUALITIES WOULD YOU RECOMMEND THAT ASPIRING ARBITRATION PRACTITIONERS HONE?
An arbitrator needs to have a mix of different skills. The best way to learn these is to be a litigator. One must also know several languages (especially English, French and Spanish); know and respect different cultures; and have management and diplomacy skills, in addition to patience and endurance. It also helps if Mother Nature gave you some skills – on my part, a slight photographic memory, a liking for numbers and insatiable curiosity. Since a high degree of professionalism is required (this is a 24/7 job), staying in good health and realising that this is a service industry are important.
BEING ONE OF THE FOUNDERS OF WHAT IS CONSIDERED AS THE MOST SUCCESSFUL ARBITRATION BOUTIQUE, WHAT PRACTICES WOULD YOU RECOMMEND?
I manage by exception. I give as much responsibility as my team can carry but I also make myself always accessible for the little questions. I emphasise keeping the human factor (paying attention to personal circumstances, including health; personal interaction, hence no internal emails or phone calls – walk to your colleague instead; fruit salads rather than junk food; exercise). When my team comes to work, it should be that they are looking forward to being there and doing the work. If not, it is time to look for another job.
BEING WELL KNOWN AS AN EXPERT ON THE NEW YORK CONVENTION, AND WITH THE CONVENTION BECOMING 60 YEARS OLD, HOW DO YOU ASSESS THE PAST DECADES OF IMPLEMENTATION AND WHAT IS THE FUTURE FOR THE CONVENTION?
Having monitored the implementation of the convention through my editing of the Yearbook since 1976 and maintaining the website www.newyorkconvention.org (there are now more than 2,000 court decisions from 70 countries), interpretation and application have discrepancies and have evolved even beyond the ordinary meaning of the text. There is a continuous need to harmonise these interpretations – the very same reason for my doctoral thesis published in 1981, which is why a new edition of my book will be coming out soon.
I foresee a new treaty in the future. And in the meantime, diverging interpretations will result in an increase in refusals of enforcement.
DIVERSITY IN INTERNATIONAL ARBITRATION HAS RECEIVED A CONSIDERABLE AMOUNT OF ATTENTION. IN YOUR OPINION, WHAT CAN BE DONE TO ACHIEVE GREATER DIVERSITY IN ARBITRAL TRIBUNALS?
I have always practised what I preach: most of my team are female arbitration lawyers. When drawing up lists of prospective arbitrators, whether for clients, for parties or as a co-arbitrator, I always try to ensure that the names of female arbitrators are put forward. There are so many qualified female arbitrators that choosing among them is actually difficult!
