Cecilia Carrara

Legance – Avvocati Associati

Rome www.legance.com

ccarrara@legance.it Tel: +39 06 93 18 271

Biography

Cecilia Carrara has significant experience in the field of national and international commercial and investment arbitration proceedings, both institutional and ad hoc, acting as counsel and as arbitrator. She represents international and Italian companies in arbitration-related proceedings, such as recognition and enforcement proceedings, before national courts. Cecilia has been admitted to practise before the Italian Supreme Court. Cecilia is responsible for the Legance German desk.

What did you find most challenging about entering arbitration practice?

Arbitration is a niche market and this is particularly true for Italy, where I am based. Italy represents a relatively small legal market with its own legal traditions and it is not known for being a friendly seat for international arbitrations. This made it particularly challenging not only to enter the international arbitration practice but also to make it my main field of activity in a very competitive context.

What are the key skills required in commercial and investment arbitrations? Do they differ and how can younger practitioners acquire these skills?

I believe the skill set is the same, even though substantive law issues and (less so) procedural ones may differ. These include familiarity with international law and the ability to work with colleagues and parties from different backgrounds, fluency in at least two languages, on top of the knowledge of the law applicable to the merits. The best way to acquire these skills is by studying in more than one legal system and practising with good senior mentors.

What do you make of the planned proposals for a multilateral investment court?

I struggle to see the possible benefits of the proposals for a multilateral investment court. The ongoing discussions are important and have already prompted some changes for the better, eg, on the point of transparency of investment arbitrations and a more rigorous practice in the application of the rules of conflicts of interests of the arbitrators. However, I believe that a multilateral investment court would be inherently contrary to the fundamental purpose of international arbitral tribunals in investment disputes and would not guarantee per se a higher level of legitimacy and/or neutrality and independence of the decisions. Especially not in a period of growing international

How does Legance - Avvocati Associati distinguish itself from the competition?

We are one of the three top Italian independent firms that provide full-service assistance. Regarding the arbitration practice, our competitors are either international firms with highly reputed international arbitration practices and an office in Italy, two or three full-service Italian firms with a good disputes practice or Italian arbitration/litigation boutiques. The second mentioned category is the one with which we feel more competition in the strict sense: in this category though we are the sole firm that is truly independent when it comes to networks and alliances with foreign firms, which makes it easier for us to team up with international colleagues of other jurisdictions and/or to sit as arbitrators avoiding conflicts.

Where, in your opinion, does the future of the practice area lie?

The future lies in the development of more international work, either by attracting more foreign clients or for our professionals by sitting more often as arbitrators in international cases, not necessarily connected with Italy.

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

There is still lots to achieve! Starting from case work, I have never sat as arbitrator in investment arbitrations. I would very much like to gain this experience.

On a more general note, I would like to be in a position to support more younger meritorious colleagues in pursuing and accomplishing their legal careers. I also strongly believe in the social role of the legal profession and would like to be able to contribute to the improvement of the Italian legislation on international arbitration.

Peers and clients say: “Cecilia is brilliant for international arbitration” “She offers excellent, independent and thoughtful advice” “I highly recommend her”