Huáscar Ezcurra

Bullard Falla Ezcurra+

Lima www.bullardfallaezcurra.com

hezcurra@bullardfallaezcurra.com Tel: +511 6211515

Biography

Huáscar holds an LLM from Yale University and earned his LLB from Pontificia Universidad Católica del Perú. His 20-plus years’ experience spans domestic and international commercial arbitration, as well as investment arbitration, in sectors such as oil & gas, energy, infrastructure, construction, telecommunications, etc. These, in cases administered by the Lima Chamber of Commerce, Parisbased International Chamber of Commerce, International Centre for Settlement of Investment Disputes, United Nations Commission on International Trade Law, and others.

What inspired you to pursue a legal career?

When I was young, I was very interested in economics and market development. As I progressed in my studies, I understood the importance and necessity of the relationship between law and economics for the proper functioning of our institutions. This led me to look for ways in which economics could be used to improve and resolve legal disputes. Solving legal problems through innovative mechanisms such as the one described above led me to pursue my career from this interdisciplinary approach. Arbitration has allowed me to put both specialties into practice in an innovative and effective way. The reality is that I have never envisioned myself in a professional role other than that of litigant.

What challenges did you face when setting up your own firm?

For me, starting a firm is starting a business. So, when you are young and new to the market, you have to look for ways to attract attention to your product or services. I think that’s the first challenge you face when you start a firm: attracting clients and creating a brand that sets you apart from your competitors.

On the other hand, a big challenge is to build a team that you can trust and that you are sure will collaborate with you to help you get your product or services to market. I believe that choosing the correct people is the first ingredient to ensure success and client attraction towards our firm. This again, when competing with several firms, tends to be difficult.

Finally, another challenge that arises in these initial moments is to make your clients trust your work and that of your team. I believe the best way to achieve this is to provide your team with opportunities to specialise and develop academically and thus, the quality of our work will exceed expectations.

What advice would you give to someone looking to start their own firm?

The most productive firms that attract the most talent are those that care about the well-being of their members. My main and first advice to lawyers who are embarking on this path is to focus, in addition to their results and client satisfaction, on the academic and personal development of their members. Also, remember that a firm is composed of lawyers, administrative and support staff, so the proper development of all these groups must be guaranteed.

A second piece of advice is integrity. Integrity is the most important competition factor in being chosen as a firm in the long run. Each and every single member must have high standards for themselves and for the firm, which naturally makes sure that we enjoy our work and our final products reflect this.

Finally, the most successful firm is the one who works efficiently and in an interdisciplinary way. This involves using innovative tools and studying not only the law but all the branches of knowledge necessary to understand each case. In our case, we have not only focused on the study of law, but also different techniques from theatre directors with whom we have worked closely, but also the study of psychology and how it affects our portrayal. We have prioritised studying and understanding human emotion and behaviour, which clients appreciate.

Practitioners report a marked increase in international mediation, even when there are arbitration clauses in contracts, due to cash-strapped businesses seeking early settlement. Is there a danger arbitration could take a back seat to mediation?

As the world evolves, so do the types of disputes, the ways of resolving them, the practices and the knowledge we obtain.

I am a firm believer that arbitration evolves, both due to technology and user preferences. However, although there is a tendency to prefer alternative dispute resolution mechanisms other than arbitration, I do not believe that this will lead to the disappearance of arbitration, mainly due to its enforceability.

In this sense, I believe quite the contrary. I think it is an opportunity for us to innovate in its rules and adapt to user needs to make it attractive. Let’s focus on the idea that innovation and adaptation will prevent arbitration from falling into the back seat. An example of this is the increasingly frequent use of emergency arbitration, or the creation of expedited arbitration processes in various parts of the world, which reflects how arbitration institutions are evolving and setting new rules in favour of arbitration.

To what extent should more be done to improve the transparency of arbitration proceedings?

Many arbitration cases are confidential because of the subject matter or the parties in dispute. In some scenarios disclosing details of parties going through an arbitration has an impact on the proper conduct of the arbitration and the reputation of the parties. This is one of the main characteristics of arbitration, which makes it attractive for many users who seek it as a mechanism for dispute resolution.

However, I believe that one way to contribute to transparency considering the above is through the publication of awards that do not disclose the specifics of the parties in dispute, but rather the logical legal reasoning that went into reaching the decision. This, for example, through different portals managed by arbitration institutions, who can oversee the publication and who has access to it.

Now, regarding transparency for the appointment or selection of arbitrators, I believe access to information is key to the success of the resolution of the dispute. Not only will it provide opportunities by increasing the diversity among arbitral tribunals, but it will provide confidence to fellow arbitrators, the parties and the arbitral community. By doing so, we would be widening the scale of selection and thus promoting the growth of arbitration.

How is increased scrutiny towards social and environmental welfare affecting investment-treaty arbitrations?

The current interest in social and environmental welfare has led to a greater incidence of regulatory and sanctioning bodies in the drafting of environmental laws. Likewise, this has led to increasingly severe sanction mechanisms for conduct in violation of these laws. However, in several cases, the implementation of sanctions has not been adequate, violating principles such as the “polluter-pays”. These circumstances have generated controversies between investors and states, which has reduced the interest in investing in these countries.

Looking back over your career, what is the most interesting arbitration you have been a part of?

In fact, it was the first international arbitration I participated in as counsel, 20 years ago. This was an arbitration seated in Miami, under UNCITRAL arbitration rules. It happens that our firm was counsel to a Peruvian-owned company. It was a wonderful experience, as it gave us the opportunity to learn from the best arbitrators in the world, who were appointed as members of the tribunal. Likewise, we learned from one of the best firms in the world, who were counsel to the counterparty. We had 23 days in a row of hearings, including interrogations of witnesses and experts, which made a well-rounded experience.

I emphasise the fact that we gained magnificent knowledge, and we achieved a great result for our client, who was very satisfied. This made it an enriching experience, both on the personal and professional levels. I classify it as a true PhD in international arbitration. It was very satisfactory, but above all else, it represented the start of our arbitration practice at an international level.

What would you like to achieve that you haven’t already done so?

My main goal regarding Bullard Falla Ezcurra+, as a firm, is to establish itself as an international firm. In that sense, we aim to expand our cases as counsel of international arbitrations, mainly in Central America and Latin America, and then Spain and Europe. As such, in the long run, our objective is to set up offices in different cities, with new team members that can contribute different worldviews, knowledge and practices to innovate and improve our practice.

Secondly, I would like to keep receiving appointments as international arbitrator. I have had the opportunity to be a member of arbitral tribunals in international arbitrations and firmly believe those experiences will boost my progress. Thus, I would like to consolidate my position as an arbitrator at the international level.

Peers and clients say: “Huáscar is a truly excellent arbitration practitioner” “Mr Ezcurra is a fantastic lawyer” “He is a top practitioner in his jurisdiction”