Claudia Benavides Galvis

Baker McKenzie

Bogotá www.bakermckenzie.com

claudia.benavides@bakermckenzie.com Tel: + 57 1 6341500

Biography

Claudia is the global chair of Baker McKenzie’s dispute resolution practice group. She is a highly regarded expert in domestic and international arbitration, and transnational litigation. Claudia has 25 years of extensive experience handling complex disputes related to international business transactions including construction and infrastructure projects, mergers and acquisitions – with a focus on post-acquisition disputes, investment protection, distribution and supply agreements, among others. She has advised and represented companies from various sectors such as energy, mining, infrastructure, transportation, industrials, healthcare, media, telecoms and technology.

What inspired you to pursue a legal career?

Developing strong reasoning and analytical skills that would duly equip me to thoroughly approach and fairly solve problems, were key drivers when deciding to study law. Some years later, in the early stages of my career, I experienced through daily practice the significance of the rule of law and effective dispute resolution mechanisms, not only for the attainment of the business objectives of the companies I have been representing but also for the well-being of the communities we served more broadly. At the core of an efficient and effective dispute resolution system rests the peaceful coexistence and progress of our societies. This certainly inspires my every day practice.

Could you describe your career to date?

I have always been a disputes lawyer, since day one. First, representing and advising protection and indemnity clubs (mutual insurance associations) and their members in relation to a wide variety of maritime claims. My practice then expanded to international business disputes more broadly when I joined Baker McKenzie back in 2003 as an associate, and had the opportunity to represent multinational companies coming from multiple sectors, in different types of disputes. After working for a few years in the litigation and arbitration team of another very well-regarded Colombian firm, in year 2010 I returned to Baker McKenzie to lead the disputes group of the Bogotá office. In parallel I sat on the Latin America dispute resolution steering committee of the firm and in year 2018, I was appointed chair of that committee. Since the year 2019 I have had the honour to serve as global chair of the global dispute resolution practice group of Baker McKenzie.

I have been very fortunate to work with incredibly talented and inspiring colleagues and clients around the world, participate in challenging and demanding cases, interact with people from diverse cultures and backgrounds, and be part of an ever evolving and exciting legal community. Overall, it has been a fascinating journey from beginning to end, and a continued learning process at all levels.

The current arbitration market is reportedly working with a small pool of arbitrators, and it is becoming increasingly difficult to find arbitrators who do not have a conflict of interest. Do you agree, and if so, how can this issue be effectively addressed?

The independence and impartiality of arbitrators is a key cornerstone for the legitimacy of arbitration as an effective and trustworthy mechanism for dispute resolution. Taking active steps to increase the pool of duly qualified arbitrators would definitely benefit arbitration users not only because the likelihood of finding a non-conflicted arbitrator increases, but also because the legitimacy and quality of the decision-making process improves as well. Diversity and inclusion both play a fundamental role in achieving this objective. There are brilliant and talented arbitration practitioners who may very well increase the pool of available arbitrators but are not visible enough or, if visible, not appointed due to unconscious biases in relation to gender, age, race, disability, sexual orientation, among others. We have seen in recent years an increased awareness of the importance of growing the number of diverse candidates appointed as arbitrators. Institutions have played a key role and have achieved significant results, especially regarding the number of female appointed arbitrators. While going in the right direction, much more needs to be done and all of us who practice arbitration, as well as arbitration users, have a responsibility to continue raising awareness, supporting initiatives and taking concrete actions in this space.

What advice would you give to someone starting out in arbitration?

Arbitration is a captivating and intellectually stimulating field of law. Rigour, dedication, thoroughness, integrity, respect, professionalism, are all attributes that come to my mind when thinking of arbitration practitioners that I admire the most. The users of arbitration seek the prompt, cost-effective, fair resolution of their disputes and arbitration practitioners should embrace these objectives. The needs of the international business community in a constantly changing world provide a wide array of opportunities for those interested in building a rewarding practice in international arbitration.

Peers and clients say: “She is an experienced and reliable lawyer” “Claudia is amazing in cross-examination” “A true leader in the field of arbitration” “Her thinking is consistently clear and profound”