Carine Dupeyron

Darrois Villey Maillot Brochier AARPI

Paris www.darroisvilley.com

cdupeyron@darroisvilley.com Tel: +33 6 19012966

Biography

Qualified in Paris and in New York, Carine Dupeyron co-heads the international arbitration practice at leading French firm Darrois, having previously practised in Singapore and New York. She also acts before French courts in strategic enforcement and annulment proceedings, and in complex litigation. With a dual business and legal background, her practice focuses on post-acquisition and shareholders’ disputes and the contentious performance of major industrial projects. She has a recognised expertise in the defence industry, telecom, waste management and energy sectors. She is a member of the ICC Court, an executive at Paris Place d’Arbitrage, sits on the board of the Arbitration Academy and teaches at Sciences Po.

I do recall an excellent law professor and law standing out as my preferred subject when I was studying business and economics. It quickly became obvious that law was the area of greatest interest academically. This promptly led to a reorientation of my studies, and I decided to start law studies in parallel with my business degree (MBA). Then, international dispute resolution stood out as the field that attracted me above all others.

In your experience, what advantages can clients benefit from in hiring a multilingual arbitrator?

Mastering different languages illustrates the multiculturalism of the person and an ability to adapt. In international arbitration where parties often have different cultures, when they come from different continents and have distinct legal approaches, having a multilingual lawyer, thus a person with a deep understanding of different traditions, is a valuable asset.

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

Paperless filings, use of platforms for the sharing of information, avoiding excessive travelling via the use of new technologies, or resorting to greener forms of travelling (trains versus airplanes when feasible), are some of the tools available to practitioners to have greener arbitration. The campaign for greener arbitration is an excellent initiative to raise awareness among arbitration practitioners and obviously, as end users and the ones without which there would no arbitration, clients have a key role to play to incentivise their counsel to adopt greener reflex.

What are the stated goals of the ICC task force on corruption and do you think they are ambitious enough?

Raising awareness of arbitral tribunals on questions of corruption is certainly one of the goals of this task force, but for obvious reasons, it should not end there. It is one thing to detect a difficulty, it is far more complex to be able to solve it and this is what the ICC task force is and shall principally be aiming at: giving detection tools but also solving tools to arbitrators.

In what ways have you noticed tribunals becoming more sophisticated and entertaining a greater variety of techniques in proceedings?

Paperless tribunals are becoming more frequent, with tablets replacing binders. Virtual hearings or hybrid hearings have become the norm, without serious difficulties. The next wave of “sophistication” will be related to artificial intelligence I believe. What I have not noticed yet, but which I am curious to see and assess, is when and how artificial intelligence will become a tool for arbitrators, and therefore a part of the arbitral process. In numerous cases, the submissions and evidence produced are massive, and constitute an unsolved challenge to what a normal human arbitrator’s brain is able to absorb, analyse, and synthesise. From a role today essentially dedicated to e-discovery, case management, translations and legal research, and sometimes also to select experts and arbitrators, could artificial intelligence be used to draft procedural summaries, summarise submissions? With the knowledge and consent of the parties?

What steps can be made to increase diversity in the arbitration field?

So many steps must be made, at all levels, on all fronts: talking about diversity endlessly, enhancing the visibility of minorities, from the recruitment at universities to ensuring fair representation to the selection of speakers from all backgrounds in conferences, applying strict parity rules in institutions, encouraging and mentoring lawyers from minorities. Every and each arbitration practitioner shall feel responsible for increasing diversity, at his or her level.

More and more practitioners are leaving firms to set up their own arbitration boutiques. What are the main drivers for this?

Independence, conflicts of interest and also, if not first and foremost, putting arbitration at the centre of one’s practice, as opposed to being one of many ancillary legal services within structures driven by other practices.

Looking back over your career, what has been your proudest achievement to date?

Building with professor Laurent Aynès a highly competent, dynamic, multicultural, diverse international arbitration team with outstanding individuals.

Peers and clients say: “Carine is an accomplished international arbitration practitioner” “She combines an in-depth knowledge of the field with a strong understanding of the cultural and legal subtleties across jurisdictions” “She has a strong legal grounding and unique interpersonal abilities”