Nadja Jaisli Kull

Bär & Karrer AG

Zurich www.baerkarrer.ch

nadja.jaisli@baerkarrer.ch Tel: +41 58 261 53 12

Biography

Nadja Jaisli co-heads Bär & Karrer’s arbitration practice and specialises in international commercial arbitration and litigation. She has gained particular experience in the pharmaceutical, automotive, commodities, and banking and finance industries and frequently handles complex disputes arising from M&A transactions, joint ventures and shareholders’ agreements, the sale of goods as well as licence and supply agreements. In addition to her work as party counsel, Nadja Jaisli frequently sits as an arbitrator.

What inspired you to pursue a legal career?

I really did not intend to pursue a legal career when I started law school but instead wanted to become a journalist. During a student trainee programme at a law firm, I had the opportunity to get an insight into the work of the disputes team. I was immediately fascinated by the work of dispute lawyers, especially the combination of legal and advocacy skills, and the great importance of the factual part of most cases.

What qualities make for a successful arbitrator?

An effective arbitrator must be able truly to understand the parties’ positions, both legally and economically, in the context of the specific industry. Further key qualities include detailed preparation irrespective of the amount in dispute, integrity and empathy, strong case management skills (for the chair), and, importantly, the ability and willingness to take decisions.

How has the role of arbitrator changed since you started your career?

The role as such has not changed that much, but cases have tended to become more complex, and the users’ expectations in the technical skills of an arbitrator are high. At the same time, arbitration institutions are rightly expecting tribunals to work efficiently and render their awards within relatively short time limits, and the arbitrators’ fees are closely monitored to control the arbitration costs.

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

There have been several memorable cases, and hopefully many more to come. On my very first day of work as an associate, I was asked to draft a legal memo in a complex arbitration that had been going on for years (I remember that the associate from whom I took over condoled with me for being assigned the case). This case then accompanied me until after my election as a partner. At some point, I became the lead associate, conducted my first cross-examination and submitted the post-hearing brief as a young partner. After the final award, I represented the client in a follow-up litigation in the context of the same dispute, which was ultimately settled almost a decade after my first memo. So, this case was certainly memorable and influential in my career.

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?

I have the impression that the pool of arbitrators is getting bigger and more diverse. In particular, gender diversity in tribunals is (slowly) improving thanks to great efforts by arbitration institutions and additional players in recent years. While there is still great need for improvement, I am positive that things are moving in the right direction, which I also experience myself.

As a partner at Bär & Karrer, what are your main priorities for the firm’s development over the next couple of years?

Among my main priorities is to develop the next generation of lawyers and ensure that we provide an environment where the young talents want to work and stay for the long term while continuing to provide first class services to our clients.

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

There are different paths to success – be authentic and do it your own way.

Peers and clients say: “Nadja is always well prepared” “She is a smart and dedicated practitioner” “Nadja is very much in demand as counsel and arbitrator”