Manuel Arroyo

Eversheds Sutherland

Zurich www.eversheds-sutherland.com

manuel.arroyo@evershedssutherland.ch Tel: +41 44 204 90 90

Biography

Manuel Arroyo is a partner of Eversheds Sutherland in Switzerland. He specialises in international arbitration and commercial litigation. Manuel has acted in over 100 international commercial arbitrations as counsel or arbitrator. Manuel is the editor and co-author of the most comprehensive treatise on arbitration in Switzerland, Arbitration in Switzerland - The Practitioner’s Guide (2,957 pages, 2018). He is the author of more than 50 publications and has been a speaker at over 30 international arbitration conferences.

What do you enjoy most about acting as counsel and arbitrator respectively?

As counsel, I like to develop the right strategy and theory of the case for the client. This is a most creative and dynamic task. Working in a team of lawyers, including in-house counsel, is also enriching. Moreover, it is a very rewarding experience to work as a team with the London, Paris or New York office of our firm. This has been the case recently in an emergency arbitration, and is now the case in two other international arbitrations, too. Our firm has approximately 3,000 attorneys in more than 70 offices, over 30 countries worldwide. In my view, this global reach and the international cooperation is a tremendous asset in international arbitration.

As arbitrator, the most enriching part of my work is the hearing and the subsequent deliberations with my colleagues of the tribunal – particularly when complex issues need to be decided and there is no consensus within the tribunal.

What impact does your work in matters outside of arbitration have on the value you bring to arbitration clients?

Well, given that I also act as arbitrator on a regular basis, clients in cases where I am counsel are more responsive when I suggest, for example, not to make an unsolicited submission or to not be overly aggressive towards the opposing party (or their witnesses) as this will, most certainly, have a negative impact on the tribunal. The current arbitration market is reportedly working with a small pool of arbitrators, and it is becoming increasingly difficult to find arbitrators who do not have a conflict of interest. Do you agree, and if so, how can this issue be effectively addressed?

I agree. This, however, is often due to clients wishing to have very experienced/ very senior arbitrators even in cases where the amount in dispute is not particularly high. The issue could be addressed, eg, by choosing young(er) arbitrators, who are very dedicated, on a more frequent basis. Another option would be to include an age threshold in institutional rules for arbitration (as the Shanghai Arbitration Rules do, where arbitrators must now be under 68, previously under 70: http://www.shiac.org/ shiac/arbitrator_E.aspx?flag=2).

How has your previous experience at the Swiss Federal Supreme Court strengthened your practice?

Particularly when it comes to providing advice on whether or not it is advisable to try to challenge an award before the Supreme Court and/or when providing advice on a setting aside application in a particular case, I am regularly consulted on the aforementioned issues. As a result, my previous experience has definitely strengthened my practice. To what extent does the shift towards virtual arbitration influence counsel when it comes to selecting the geography of their arbitrator’s seat?

In my experience, the question of whether the hearing is remote/virtual or in person should not have, and during the pandemic has not had, a significant influence on the selection of the arbitrator or the seat.

Are you noticing an uptick in certain sectors experiencing commercial disputes? If so, why?

Perhaps in the pharmaceutical industry, but it is difficult to understand why this is so. Probably, the more pharmaceutical companies go global, the more there is a need for an effective dispute resolution mechanism – especially as the worldwide enforcement granted by the New York Convention on the Recognition and Enforcement of Arbitral Awards is a key factor when opting for arbitration according to statistical data (such as the data in the Queen Mary University/PWC surveys published in the past).

What underrated skills would you encourage the up-andcoming generation of arbitration professionals to develop?

The skill is not to focus so much on what other colleagues/attorneys do when it comes to marketing/networking, but to think outside the box, so to speak, and develop your own strategies that the vast majority is not applying.

Peers and clients say: “He has a strong profile as counsel and arbitrator” “A brilliant lawyer doing amazing work for the Swiss arbitration community, in Switzerland and abroad”