ao link
Who's Who Legal
Who's Who Legal
Menu
Thought Leaders

Thought Leaders

Thought Leader

WWL Ranking: Global Elite Thought Leader

WWL says

Albert Jan van den Berg is identified as “a very big name in international arbitration” who is “very clever and experienced” acting as sole and party-appointed arbitrator in scores of disputes.

Questions & Answers

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, Tsinghua University Law School, Beijing, National University of Singapore Faculty of Law and University of Miami School of Law. He is emeritus professor of law at Erasmus University, Rotterdam. He is sole 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 has been your greatest achievement to date?

Setting up my boutique law firm in 2001, which now has an excellent and diverse roster of lawyers spanning four continents.

What procedural issues do you see arising from covid-19 where the majority of participants continue to live under lockdown? 

As is natural for human beings, we have a tendency to adapt to a situation, no matter how devastating it may be. I believe the international arbitration community is already taking quick steps to keep pace with the new world order where all of us are connected virtually. Over the past few months, my experience with virtual hearings has been excellent. That said, some novel procedural issues that require constant vigilance in this era of virtual hearings include (i) ensuring proper internet connection and hardware equipment; (ii) regularly updating the software on your video conference computers; and (iii) conducting several dry runs prior to the actual hearing, so that all participants are on the same level of technological prowess. 

If you could implement one reform in international arbitration, what would it be?

Page limits.

What steps can younger arbitration practitioners take to improve their chances of getting appointments? Is there an important role to play here for experienced lawyers?

Young practitioners should select role models carefully and try to work in close proximity with experienced arbitrators. Simultaneously, it is incumbent upon experienced lawyers to encourage and promote the younger generation and devote time and energy in training them.

Are cash flow issues stopping parties from bringing claims?

The pandemic has led to an unprecedented global economic disruption. The impact on disputes remains to be seen. I consider that arbitral institutions would be best placed to assess and provide information on whether there has been a reduction of new cases this year as compared with previous years. 

Do you expect measures taken by states to prevent the spread of coronavirus to result in investment treaty claims, and would any such claims be likely to succeed?

The unprecedented nature and scale of the covid-19 pandemic has placed states and investors in a novel situation. It would be speculative to predict, at this stage, whether the measures taken by states to prevent the spread of the virus will result in investment treaty claims and, more so, the chances of success of any such claims.

Having said that, I do expect international arbitration to have an important role in dealing with the ramifications of the pandemic for investors and states.

To what extent can virtual hearings be relied on to decide high-stakes multibillion-dollar cases between parties? 

My experience with virtual hearings, especially in the past several months, has convinced me that a virtual hearing functions equally well as a physical in person hearing. This is irrespective of the size of the case. A virtual hearing offers parties and the tribunal more flexibility in organisational matters associated with the hearing. Moreover, arbitral institutions have adapted themselves to offer guidance and provide technological and organisational support for the conduct of virtual hearings, which will also go a long way in the success of virtual hearings. 

You have enjoyed a very distinguished career so far. What would you like to achieve that you have not yet accomplished?

I have a little project that, for some time, I would like to explore. It is somewhat speculative, for which reason I prefer not to share it publicly at this stage.

WWL Ranking: Thought Leader

WWL says

Albert Jan van den Berg is identified as “a very big name in international arbitration” who is “very clever and experienced” acting as sole and party-appointed arbitrator in scores of disputes.

Questions & Answers

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 did you find most challenging about entering the world of arbitration? 

When I entered the world of arbitration, even more so than today, it was a world populated almost exclusively by wise old men. It was a struggle to be constantly the youngest among these distinguished gentlemen.

What did you enjoy most about establishing your own firm? 

I most enjoyed putting together my mini-United Nations team of lawyers. We work hard but we also have fun in the process.

How does your approach differ when acting as sole, presiding and party-appointed arbitrator? 

My approach to a case is the same regardless of who appointed me. The difference is merely one of style and professional courtesy, in terms of the dynamics with my colleagues on the tribunal. Regardless of where you sit on the tribunal, you have to dive in and get a grip on the procedural and substantive aspects.

You have considerable experience handling disputes across a range of sectors. To what extent is sector-specific knowledge on the part of the arbitrator important? 

Sector-specific knowledge is an important background to the legal and factual issues in dispute. In certain sectors, and for certain types of disputes (for example, gas pricing), it is crucial to have that understanding. However, this very much depends on the case. Other disputes may be focused on the interpretation of a contractual provision, and the parties are perfectly able to brief you on the relevant considerations for that specific sector. I have had the privilege of handling disputes across a range of sectors and each time it is a joy to discover a new set of terminology, market forces and expertise. I don’t think you necessarily have to be an expert in the sector going into every case.

What impact is the generational shift in arbitration practitioners having on the landscape of the legal market? 

The landscape of the legal market is more diverse, innovative and competitive than ever. Since there is such a strong interest in international arbitration from younger practitioners, competition is fierce and candidates must be extremely well prepared in today’s market. 

We are also seeing the arbitration sphere open into new markets, and the new generation is bringing greater diversity of all kinds to existing ones. This brings new opportunities for the development of arbitration as a living method of dispute resolution. 

How does your work as a writer and professor enhance your work in private practice? 

Writing and teaching is extremely valuable from a practitioner’s perspective, because it both sharpens and broadens your vision. Writing forces me to take a step back and reflect with a critical eye on developments that I may not otherwise have cause to do as a practitioner. As a professor, I also learn so much from my students from across the globe, who bring me new ideas and ways of thinking, and compel me to keep my views relevant. Both of these feed into my work as a practitioner because good legal practice requires me to be creative, stay up to date, keep a broader perspective, and be able to communicate persuasively.

As founding partner of the firm, what are your priorities regarding its development over the next few years? 

Over the next years I have no doubt that Hanotiau & van den Berg will continue to flourish. My priority is to maintain the excellence that we demand of ourselves in order to continue providing outstanding services to clients and parties in arbitration proceedings.

What is the best piece of career advice you have received? 

My father always said, first earn it, then spend it. This, and also: focus on your languages!

Global Leader

Arbitration 2021

Professional Biography

WWL Ranking: Recommended

Peers and clients say

"He is one of the biggest names on the global arbitration circuit and rightly so!"
"He has an excellent reputation and is a big name"
"He is a global elite lawyer with deep knowledge and vast experience" 

Biography

Albert Jan van den Berg (1949, Amsterdam, The Netherlands) is a founding partner of Hanotiau & van den Berg (Brussels, Belgium). Presiding, sole and party-appointed arbitrator in numerous international commercial and investment arbitrations (ad hoc, AAA/ICDR, CRCICA, DIAC, DRCAFTA, ECT, ICC, ICSID, LCIA, NAFTA, NAI, OHADA, PCA, SCAI, SCC, SIAC and UNCITRAL), relating to, inter alia, airports, aviation, banking, broadcasting, construction, defence projects, distributorship, electricity and gas supply, fashion, futures and options, gambling, information technology, insurance and reinsurance, investments, joint ventures, licensing, media, mining, nuclear energy, oil and gas, pharmaceuticals, post-M&A, post-privatisation, professional associations, real estate, sales, satellites, shale gas, solar energy, sports, telecoms, tunnelling and turnkey projects, he also acts as counsel in international commercial arbitration.

Professor van den Berg is on many panels of arbitrators, including the American   Arbitration Association (AAA); the Arbitral Centre of the Federal Economic Chamber; the Arbitral Tribunal for Football, World Cup Division for the 2002 FIFA World Cup, Geneva;   the Asian International Arbitration Centre; the Centre for Arbitration and Mediation, Chamber of Commerce Brazil-Canada; the Centre for Arbitration and Conciliation, Bogotá Chamber of Commerce; the China International Economic and Trade Arbitration Commission (CIETAC); the CPR International Institute for Conflict Prevention and Resolution; the Hong Kong International Arbitration Centre (HKIAC); the Hungarian Chamber of Commerce and Industry; the Indonesian Board of National Arbitration (BANI); the International Centre for the Settlement of Investment Disputes (ICSID); the Netherlands Arbitration Institute (NAI); and the  Singapore  International  Arbitration Centre (SIAC). He is an arbitrator on the Arbitral Tribunal concerning the Bank for International Settlements (Hague Treaty of 20 January 1930).

Professor van den Berg is honorary president of the International Council for Commercial Arbitration (ICCA), having served as president in 2014–2016. He is also honorary president of the NAI, having served as president (2003–2010) and secretary general (1980–1988). He is former vice president of the London Court of International Arbitration (LCIA). He is a member of the Task Force Vision 2030 for the Rule of Law of the HKSAR Department of Justice; international commercial expert committee of the China International Commercial Court of the Supreme People’s Court; CIETAC’s international advisory board; the Commission on International Arbitration and ADR at the International Chamber of Commerce (ICC); LCIA; the HKIAC international advisory board; the Australian Centre for International Commercial Arbitration council; the advisory board for the University of Geneva’s Master of Laws in International Dispute Settlement (MIDS); the board of trustees of the Institute of International Commercial Law at Pace University School of Law; and the executive committee of the Asian Academy of International Law.

He is professor emeritus of law (arbitration chair) at Erasmus University, Rotterdam. He is a visiting professor at Georgetown University Law Centre; Tsinghua University Law School; National University of Singapore Faculty of Law and University of Miami School of Law. He is a member of the faculty of the MIDS. He was general editor of ICCA publications including the Yearbook: Commercial Arbitration (1986-2018). He has also extensively published and lectured on international arbitration. He founded and maintains the website www.newyorkconvention.org. His legal education includes law degrees from the University of Amsterdam (1973), University of Aix-en-Provence (1974) and New York University (1975), as well as PhD degrees from the University of Aix-en-Provence (1977) and Erasmus University (1981).

Professor van den Berg was named Arbitration Lawyer of the Year by Who's Who Legal in 2006, 2011 and 2017 and the Best Prepared and Most Responsive Arbitrator by Global Arbitration Review in 2013.

Law Business Research
Law Business Research Ltd
Meridian House, 34-35 Farringdon Street
London EC4A 4HL, UK
© Law Business Research Ltd 1998-2021. All rights reserved.
Company No.: 03281866