Alexandra Johnson

Bär & Karrer Ltd

Geneva www.baerkarrer.ch

alexandra.johnson@baerkarrer.ch Tel: +41 58 261 57 00

Biography

Alexandra Johnson is a partner at Bär & Karrer with over 20 years of experience in international arbitration. She has acted as counsel, chair, sole and co-arbitrator in over sixty arbitration proceedings in various matters such as international joint venture agreements, long-term gas supply contracts, construction and engineering, distribution and licensing, sale of goods, pharmaceutical, governance, M&A and sport-related disputes. She is admitted to the Swiss and New York Bars and has practised international arbitration in New York, London and Geneva where she is now based.

I have always been drawn to international law and had a strong interest for politics and international relations. Having grown up in a culturally mixed family, I was also very interested in the influence of the various cultures on human relations. I started as a legal trainee working for Professor François Knoepfler who was a well-known arbitrator and immediately developed a passion for international arbitration. I never looked back since that time and had the chance to work with some of the greatest arbitration practitioners such as John Beechey CBE and Professor Gabrielle Kaufmann-Kohler.

What has been your proudest achievement?

Aside from my two wonderful children, it has been to develop a striving arbitration practice both as counsel and arbitrator and the success I have obtained for clients in key matters. I am also honoured to be involved in the Swiss Arbitration Centre, which has received this year a GAR Award for the arbitral institution that impressed most.

How have the new ICC rules impacted commercial arbitration practice?

The 2021 ICC arbitration rules mark a further step towards greater flexibility, efficiency and transparency of the process. I find the introduction of the requirement to disclose third-party funding arrangements particularly noteworthy, since funders are increasingly present in the sphere of commercial arbitration aside from investment arbitration.

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

An obvious development is the way tribunals have adapted to the use of technology, which was rendered necessary by the pandemic. I also see many tribunals providing in the procedural timetable for punctual case management conferences at various stages of the proceedings to increase the efficiency of the process through regular communication with the parties.

What are the advantages of having diverse geographical and sector experience? What benefits does it deliver to clients?

In my practice as counsel and arbitrator, I have noted that acting in disputes involving different sectors develops one’s curiosity and skills to delve into the details while keeping the broader picture in mind and developing a transverse knowledge. Having a geographically diverse practice is also important in my view as it provides not only a deeper understanding of the various legal frameworks but also of the cross-cultural sensitivities, which are often key in international arbitration.

To what extent has the international arbitration community met the challenge of improving diversity in recent years?

Many well-known global initiatives to improve diversity have been taken in the recent years to improve diversity in international arbitration such as the Equal Representation in Arbitration (ERA) and the Racial Equality for Arbitration Lawyer (REAL) but also some more regional initiatives such as the New List in the US or the African Promise. Diversity is important on all levels (including gender, age, ethnicity and origin) and although much progress has been made, there is still much to achieve, and it is the responsibility of all of us in the international arbitration community to continue pushing forward. The arbitration institutions are also key in this regard, and I am particularly proud of the fact that in 2021 women accounted for 70% in the arbitrators’ appointments made by the Swiss Arbitration Centre.

You sit as a member on various associations and boards, how do you find this strengthens your practice?

As vice president of the Arbitration Court of the Swiss Arbitration Centre, I am not only involved in the supervision of the cases conducted under the Swiss Rules of International Arbitration, but also part of the Special Committee (which takes decision on important issues such as the challenge of arbitrators or the decision on consolidation of proceedings) and, together with my colleagues of the executive committee, involved in the governance of the institution, all of which gives me great insights into the effective conduct of arbitration proceedings and, importantly, of the users’ needs. Among other positions, my role as co-head of the Geneva Chapter of the Swiss Arbitration Association and my involvement in the Swiss Arbitration Academy help me to keep me abreast of the latest developments in the field of international arbitration, exchange with colleagues and share experience with the younger practitioners, which I find very rewarding.

What advice would you give to young practitioners hoping to one day be in your position?

To work hard while enjoying what you do, to invest time in young practitioners’ groups and to work with an experienced arbitration practitioner who can act as your mentor.

Peers and clients say: “Alexandra is a very prominent arbitration practitioner with a huge following” “She is an excellent arbitration lawyer” “Alexandra is very responsive and great to work with”