Christian W Konrad

Konrad Partners

Vienna www.konrad-partners.com

c.konrad@konrad-partners.com Tel: +431 512 95 00

Biography

Dr Christian W Konrad is the founding partner of Konrad Partners, an international arbitration law firm with its headquarters in Vienna and further offices in CEE/SEE. His practice covers interstate, investment and commercial disputes. He is an Austrian Rechtsanwalt, a solicitor of England and Wales, and a Euroadvokat in the Slovak and Czech Republics. Christian is a chartered arbitrator (CArb) and frequently serves in this role; he also acts as a legal expert and counsel in proceedings under the auspices of all major arbitral institutions. He was educated at King’s College London and the University of Vienna.

The parties do not want an arbitration, they want a solution to their dispute, so that they can continue focusing on their business. An arbitrator is more than just a dispute solver, he is someone who can effectively guide the parties in the process. Clients expect an arbitrator to listen to their matters and analyse each position diligently within a short period of time. Parties expect the arbitrator to “get involved” and understand the subject matter and, at the same time, stay impartial and independent, guided by ethical considerations.

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

All the cases I acted upon entail something memorable, which eventually contributed to my professional development as an arbitrator.

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?

Is that really a danger? Both mechanisms strive to resolve a dispute out of court in the most efficient way possible. With the right skills and procedural technique, effective How does your experience assisting clients in a wide range of sectors enhance your arbitration practice? How do you ensure you develop in-depth sector knowledge?

Arbitrators are multi-disciplinary experts. Each case, even from the same industry and sector, is different. Arbitration work allows lawyers to practically experience various industries at their best and at their worst. Once you have been through the cycle of a power plant project, you will better understand the needs of your clients in the next contract negotiations and, of course, in related disputes.

To what extent is arbitral discretion limited by due process?

Arbitral discretion is an important element for efficient conduct of the proceedings. Due process is a crucial legal concept to safeguard the parties’ rights in the dispute. If arbitral discretion is exercised with the necessary skills and diligence, it will usually not be limited by due process considerations.

Some jurisdictions are drafting new rules on expedited summary proceedings in arbitration. How fast can disputes proceed without breaching procedural rights?

Arbitral proceedings serve parties in a commercial context. As much as a swift resolution of a dispute is warranted, as much the parties’ expectations need to be observed. Expedited summary proceedings can be useful in specific circumstances but need to be weighed carefully against this background.

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

We all do have an obligation to protect our planet, irrespective of our role: client, lawyer, arbitrator, but also as an arbitral institution. I am pleased to see that paper filings have become a method of the past and many procedural meetings take place remotely. The whole process was also speeded up by the covid-19 pandemic. There is a constant need in identifying better ways to conduct hearings online and, in particular, to collaborate on arbitrations using innovative platforms. All of this brings additional benefits like improved cost and time efficiency. Eliminating travel time has made scheduling meetings much easier, which can already strip a couple of months from an average arbitration. The use of data e-storage platforms allows access to the files anywhere in the world, without a need for hard copy bundles. Legal tech has become one of the key drivers for greener arbitration.

What is the best piece of advice you’ve ever received?

No one knows enough about anything to be a pessimist.

Peers and clients say: “Christian is a very smart arbitrator and counsel” “Highly recommended for his leading commercial arbitration expertise” “A very strong and experienced arbitrator”