Who's Who Legal
Who's Who Legal
New to Who's Who Legal?
New to Who's Who Legal?
Menu
User Menu
New to Who's Who Legal?
Thought Leaders

Thought Leaders

Bernard Hanotiau

Bernard Hanotiau

Hanotiau & van den BergAvenue Louise 480/9 BrusselsBelgium1050
To view the phone number and email addressRegisterLogin

Thought Leader

WWL Ranking: Global Elite Thought Leader

Questions & Answers

Bernard Hanotiau is a member of the Brussels and Paris Bars. Since 1978, he has been actively involved in more than 500 international arbitration cases in all parts of the world. Mr Hanotiau is professor emeritus of the law school of Louvain University (Belgium). He is an advisory member of the ICCA governing board and the council of the ICC Institute. He is a member of the Court of Arbitration of SIAC and of the governing board of DIAC (Dubai). He is the author of Complex Arbitrations: Multiparty, Multicontract, Multi-issue and Class Actions (Kluwer, 2006). In March 2011, Mr Hanotiau received the GAR Award for Arbitrator of the Year. In April 2016, he also received the Who’s Who Legal Award for Lawyer of the Year: Arbitration.

Describe your career to date.

Since the age of 30, I have devoted my entire professional career to international arbitration, not only as an arbitrator but also as a professor, counsel, expert, author and panellist.

What do you consider to be your proudest achievement?

I am proud to have been able to contribute, by my various activities, to the development of international arbitration and also to have had the opportunity to decide disputes of paramount importance involving fascinating issues of fact and law.

What qualities make for a successful arbitrator?

These qualities are the same for all professions: rigour, creativity, a good legal mind and good common sense, experience and day-to-day involvement.

What motivated you to establish your own boutique law firm? What advice would you give to other practitioners looking to the same?

I wanted to set up a boutique firm totally devoted to international arbitration, and with a limited number of lawyers in order to avoid conflicts. It has been a wonderful experience that I recommend to everybody.

In your opinion, what are the most significant challenges associated with rules for disclosure at various arbitral institutions?

The rules of the game should be clear but it is not always the case. In my opinion, the IBA Guidelines on Conflicts should remain the first reference. For transparency and due process reasons, and to have a clear view of each institution’s jurisprudence, all decisions on challenges should be put in writing and communicated to all concerned.

What do you enjoy most about working in the field of international arbitration?

Each case is different, involves different industries and facts, and raises new intellectual challenges.

What steps does the arbitration community need to take to improve the efficiency of international arbitration proceedings?

It is impossible to answer this question in a few words. Efforts should be made by all participants. Too much time is spent at every step of the procedure, from the constitution of the arbitral tribunal to the issuance of the award. It is a shared responsibility.

How do you expect the field of international arbitration to develop over the next five years?

Notwithstanding the criticisms, arbitration will continue to grow in all parts of the world but its practice will be more complex and challenging than in the past.

WWL Ranking: Thought Leader

Questions & Answers

Bernard Hanotiau is a member of the Brussels and Paris Bars. Since 1978, he has been actively involved in more than 500 international arbitration cases in all parts of the world. Mr Hanotiau is professor emeritus of the law school of Louvain University (Belgium). He is an advisory member of the ICCA governing board and the council of the ICC Institute. He is a member of the Court of Arbitration of SIAC and of the governing board of DIAC (Dubai). He is the author of Complex Arbitrations: Multiparty, Multicontract, Multi-issue and Class Actions (Kluwer, 2006). In March 2011, Mr Hanotiau received the GAR Award for Arbitrator of the Year. In April 2016, he also received the Who’s Who Legal Award for Lawyer of the Year: Arbitration.

DESCRIBE YOUR CAREER TO DATE.

Since the age of 30, I have devoted my entire professional career to international arbitration, not only as an arbitrator but also as a professor, counsel, expert, author and panellist.

WHAT DO YOU CONSIDER TO BE YOUR PROUDEST ACHIEVEMENT?

I am proud to have been able to contribute, by my various activities, to the development of international arbitration and also to have had the opportunity to decide disputes of paramount importance involving fascinating issues of fact and law.

WHAT QUALITIES MAKE FOR A SUCCESSFUL ARBITRATOR?

These qualities are the same for all professions: rigour, creativity, a good legal mind and good common sense, experience and day-to-day involvement.

WHAT MOTIVATED YOU TO ESTABLISH YOUR OWN BOUTIQUE LAW FIRM? WHAT ADVICE WOULD YOU GIVE TO OTHER PRACTITIONERS LOOKING TO THE SAME?

I wanted to set up a boutique firm totally devoted to international arbitration, and with a limited number of lawyers in order to avoid conflicts. It has been a wonderful experience that I recommend to everybody.

IN YOUR OPINION, WHAT ARE THE MOST SIGNIFICANT CHALLENGES ASSOCIATED WITH RULES FOR DISCLOSURE AT VARIOUS ARBITRAL INSTITUTIONS?

The rules of the game should be clear but it is not always the case. In my opinion, the

IBA Guidelines on Conflicts should remain the first reference. For transparency and due process reasons, and to have a clear view of each institution’s jurisprudence, all decisions on challenges should be put in writing and communicated to all concerned.

WHAT DO YOU ENJOY MOST ABOUT WORKING IN THE FIELD OF INTERNATIONAL ARBITRATION?

Each case is different, involves different industries and facts, and raises new intellectual challenges.

WHAT STEPS DOES THE ARBITRATION COMMUNITY NEED TO TAKE TO IMPROVE THE EFFICIENCY OF INTERNATIONAL ARBITRATION PROCEEDINGS?

It is impossible to answer this question in a few words. Efforts should be made by all participants. Too much time is spent at every step of the procedure, from the constitution of the arbitral tribunal to the issuance of the award. It is a shared responsibility.

HOW DO YOU EXPECT THE FIELD OF INTERNATIONAL ARBITRATION TO DEVELOP OVER THE NEXT FIVE YEARS?

Notwithstanding the criticisms, arbitration will continue to grow in all parts of the world but its practice will be more complex and challenging than in the past.

Global Leader

Arbitration 2019

Professional Biography

WWL Ranking: Global Elite Thought Leader

WWL says

Bernard Hanotiau stands out as “an exceptionally well-organised and efficient arbitrator with a phenomenal practice”. Peers describe him as “a very big name in international arbitration” and he is widely regarded as “a clear leader in the field”.

Biography

Bernard Hanotiau is a member of the Brussels and Paris bars. In 2001, he established a boutique law firm in Brussels concentrating on international arbitration and litigation. The firm has offices in Brussels and Singapore.

Since 1978, Bernard Hanotiau has been actively involved in international commercial arbitration as party-appointed arbitrator, chairman, sole arbitrator, counsel and expert in various parts of the world. Mr Hanotiau is a member of the panel of arbitrators of, or receives appointments as arbitrator by, the International Chamber of Commerce (ICC, Paris), the LCIA, ICSID, the AAA, the Stockholm Chamber of Commerce, SIAC, HKIAC, CIETAC, the BAC, the Japan Commercial Arbitration Association, the KLRCA, the KCAB, the PCA in The Hague, WIPO, CEPANI, the NAI, the Swiss Chambers of Commerce, DIAC, the Danish Institute of Arbitration, the Cairo Centre of Arbitration, the French Arbitration Association, the French-German Chamber of Commerce, IATA and the CAS. He is also frequently appointed as arbitrator in UNCITRAL and other ad hoc arbitration cases.

He is a member of the ICCA advisory board and of the council of the ICC Institute and a member of the ICC international arbitration commission. He is also a former vice president of the Institute of Transnational Arbitration (Dallas), CEPANI and the LCIA Court. He is a member of the board of DIAC; the Court of Arbitration of the Istanbul International Arbitration Centre; the SIAC Court of Arbitration; the HKIAC international advisory board; and the International Arbitration Club.

In March 2011, Mr Hanotiau received the GAR Arbitrator of the Year Award; and in April 2016, he won the Who’s Who Legal Lawyer of the Year: Arbitration Award.

Law Business Research
Law Business Research Ltd
Meridian House, 34-35 Farringdon Street
London EC4A 4HL, UK
© Law Business Research Ltd 1998-2019. All rights reserved.
Company No.: 03281866