Lisa Beisteiner

Zeiler Floyd Zadkovich

Vienna www.zeilerfloydzad.com

lisa.beisteiner@zeilerfloydzad.com Tel: +43 1 890 10 87 0

Biography

Lisa Beisteiner is a founding partner with Zeiler Floyd Zadkovich and an expert in international dispute resolution, with a strong focus on international arbitration. Lisa has extensive experience advising and representing clients in all aspects of commercial and investment arbitration under various rules, particularly in energy, construction and post M&A disputes. She regularly sits as arbitrator (notably in ICC, VIAC and DIS proceedings, as well as on ad hoc panels). Lisa is a graduate of the University of Vienna (Dr.iur.), and a certified mediator.

What motivated you to specialise in dispute resolution?

Conflicts are inherently human at both micro and macro level. I’ve always found dispute resolution fascinating and the human psychology behind it, leading me to also train as a mediator. Where two different constructions of reality clash, the law is required to provide a solution, and working in disputes utilises the art of building legal, psychological, communicational strategies to best get one’s side’s perspective to prevail, which I find captivating.

What did you find most challenging about entering arbitration practice?

Working in arbitration is a privilege. This is a uniquely dynamic field of law and practice, with new rules emerging at a fast pace and with an ever-growing body of international case law and legal writing. Unlike other practice areas, even some of the fundamental legal concepts underpinning the world of international arbitration are still in flux. Many an important rule is unwritten, eg, when it comes to the selection of arbitrators, a good grasp of human psychology will play a preeminent role. Most importantly, however, each arbitration case is different, be it in terms of the factual or legal issues that arise or in terms of the people one encounters, as not least expressed in the different styles of counsel’s advocacy (or tribunal’s case management). This is an exciting blend, and it offers the opportunity to constantly learn and grow. On the flip side, this mix may appear overwhelming to those new to the field. I think it helps to embrace the idea that excelling as an arbitration counsel and, even more so, as an arbitrator is a journey rather than a destination. And it is certainly an exciting and rewarding journey. 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?

First, experience is key. Getting substantive exposure in high-profile cases as counsel will be one important cornerstone. Also, it is important to let institutions, as well as your peers, know that you are ready and eager to take on responsibility, ie, act as an arbitrator yourself. Proactively reach out to institutions and present yourself. Also, specialisation may be helpful, get immersed in your field of law or practice, publish your research, tie your name to your field of expertise. Also, mentors play a key role – find yourself one and convince her of your talent and determination. From the experienced lawyers’ perspective, more established arbitrators can work towards more diverse tribunals – also in terms of seniority on the arbitrators’ panel. When appointing counsel make sure to think outside the box when putting together the long list of candidates, considering whether it may be a strategic advantage to have the one arbitrator on the panel who, as a younger practitioner, takes your case – even if not the 100 million dollar case – very seriously.

In what ways is arbitration becoming greener? Do clients also have a role to play in this transformation?

Arbitration has generally become progressively greener over the past few years, but without a doubt, the covid-19 pandemic has expedited the progress. As proceedings were to find alternatives to in-person hearings, online hearings took over and have contributed a great deal to the practice becoming greener – fewer flights, less carbon emissions, less consumption. Additionally, in many cases submissions and filings can be done online, which cuts back substantially on paper waste. It slowly sinks in that conducting arbitrations in line with available protocols on “green arbitration” is part of the musthave skill set of good case management.

To what extent has the international arbitration community met the challenge of improving diversity in recent years?

First, let me note that I think diversity, both on arbitrators’ panels as well as in counsel teams (at all levels of seniority), is vital for ensuring the quality and excellence of the process. Even today, despite a proliferation of events and initiatives, things are moving slowly and there is still much to be done – even when speaking of gender diversity only. The way I see it, this is a challenge that needs to be addressed not only among the arbitration community but in communication with clients, potential clients and the interested public.

What advice would you give to those considering a path as a full-time arbitrator?

Personally, I very much enjoy the change of perspective between counsel and arbitrator work. It enables me to see my work as arbitrator though the eyes of the parties – and, of course, vice-versa. Parties and clients will equally benefit from a better understanding of the responsibilities and problems arbitrators face, as well as of what works before a tribunal and what does not in terms of case presentation. After some decades of playing on both sides of the team, however, it may certainly be rewarding to devote all your professional time to arbitrator work. This also frees you from many a conflict of interest.

Peers and clients say: “Lisa is probably the best young arbitrator in Austria” “She is procedurally excellent” “She is a very effective practitioner” “She is a real star for arbitration”