5 minute read
Alfredo Bullard
Bullard Falla Ezcurra+
Lima www.bullardfallaezcurra.com
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abullard@bullardfallaezcurra.com Tel: +51 1 6211515
Biography
Alfredo has been arbitrator, counsel and legal expert in more than 300 cases under ICC, ICSID, LCIA, PCA, IACA, among others. He is founding partner of Bullard Falla Ezcurra+, a boutique firm specialising in arbitration, economic regulation and competition law. He is a former member of the ICC Court of Arbitration and professor at various universities in courses such as arbitration, law and economics and legal skills. Previously, he presided over the commission that drafted the current Peruvian Arbitration Act.
When I was young, I wanted to study literature to learn how to tell a story. Law, and specifically arbitration, whether as a litigant or as an arbitrator, is a storytelling activity. The truth is discovered through evidence, by turning it into a persuasive and convincing story. In doing so you resolve controversies, and help create trust, which is necessary to develop business and, in general, every human activity. Then, I understood that through law I could apply creativity to resolve disputes through interdisciplinary work.
How has your practice in arbitration developed over time?
Arbitration allows you to learn from every imaginable activity. You learn about engineering, public policy, technology, accounting, economics, business administration, etc. Fortunately, my practice is very diverse. At the beginning of my practice, mostly, I saw cases as counsel. However, my current practice focuses on being counsel, arbitrator, and legal expert. Most of my cases are related to investment arbitration, construction, energy and oil and gas. Thus, not only does my practice now expand constantly, but also, I interact with highly considered peers, arbitrators, and counterparties, which allows me to learn something new in every case. Evidently, my practice has evolved and now includes different jurisdictions and subject matters, which shows that even in a position of leadership at my firm, I am able to learn and see diverse cases as time goes by.
What do clients look for in an effective arbitrator?
Above all, they are looking for someone who understands business and the economic and technical activity involved. Any legal dispute is, first and foremost, a commercial dispute. Clients look for arbitrators who understand the real problem that needs to be resolved and not just the formal application of legal norms. Thus, you need to understand economics and business to understand how a contract works. Or you need to understand engineering to know why a building was not finished on time. Law is important, but it is not the most important thing in the eyes of the client.
Clients also look for an empathetic arbitral tribunal, who put themselves in their shoes and handles the case efficiently. Finally, they look for good service. In arbitration the parties go through the stress of a “fight”. Part of the arbitrator’s job is to help the parties “face the fight in peace”. One of the greatest causes of stress is the loss of money and time. That is why good case management is essential.
An arbitral tribunal does not only manage a legal problem. Arbitrators manage human problems and part of what is sought is to be sensitive to emotions. Many times, the feeling that there was justice in the final decision depends more on how the parties felt during the arbitration than on what was finally decided.
In what ways have you noticed tribunals becoming more sophisticated and entertaining a greater variety of techniques in proceedings?
With the pandemic, many tribunals and arbitration centres have implemented the use of new tools. The use of electronic platforms that were previously used exceptionally to deal with an emergency has become the natural way of notifying an award or holding a hearing. The pandemic has forced us to become more sophisticated in our use of technical resources.
But I think there are other sophisticated but less visible changes that are also present: the use of psychological techniques to detect if witnesses are lying or to manage the quality of a deliberation in a tribunal are tools that are more widely used today and are available to arbitrators.
More and more practitioners are leaving firms to set up their own arbitration boutiques. What are the main drivers for this in your experience?
I have worked in large and more traditional firms in the past. I learned about organisation and efficiency. However, I think that the main drivers to set up an arbitration boutique is because in big firms, innovation is more difficult to pursue as they are less flexible to change. A new and small firm, very specialised, provides a space to be different and to create new ideas. Also, if you want to work as an arbitrator, large firms tend to generate too many conflicts of interest.
Thus, practitioners are pondering this also in the face of the technological era we have entered due to the pandemic. It has been proven that flexibility works, which may imply certain benefits for newcomers, who can set a firm without being forced to establish in a specific place.
What challenges did you face when setting up your own firm?
Starting a firm is like starting any business. The main challenges when you start are to position yourself in the market, look reliable to potential clients, build a team, and innovate to stand out. With hard work, we have been able to achieve all of this at Bullard Falla Ezcurra+. Creating a trademark that stands out from the others is difficult and being small sometimes generates mistrust. But, on the other hand, it gives you the opportunity to create more personal relationships and to be closer to the client. Today, clients are looking for the trust created by personal relationship.
The mission of our firm is to turn the academic aspect into a profitable activity with practical impact. We seek to turn study and research into a professional and sophisticated product. We offer specialisation, innovation, and interdisciplinary work. It is a different model, and clients recognise it. It would have been difficult to do it within a traditional firm.
I think this is what sets Bullard Falla Ezcurra+ apart from its competitors. We have economists in the team, and we work with psychologists and even with theatre directors, which provides a unique set of abilities and techniques. Our constant selfimprovement has, no doubt, been a main factor in why we have been able to grow and be recognised in the most important rankings worldwide.
You have enjoyed a very distinguished career so far. What would you like to achieve that you have not yet accomplished?
I would like that Bullard Falla Ezcurra+ establish itself as a true international firm. We already handle cases, not related with Peru, in other countries. But we are working to consolidate this process. Bullard Falla Ezcurra+ has just opened its offices in Madrid to speed up the process and become a truly international Latin American firm with worldwide impact.
Peers and clients say: “Alfredo is an excellent arbitrator” “He is a very experienced construction arbitrator in public contracts” “He has a great ability for out-of-the-box thinking”
