Carolyn Lamm

White & Case LLP

Washington, DC www.whitecase.com

clamm@whitecase.com Tel: +1 202 626 3605

Biography

Carolyn Lamm, a partner and chair of international disputes: Americas at White & Case, serves as lead counsel in international arbitrations in ICSID, ICC and other arbitral fora, and in related litigation in US Courts for foreign states, foreign state-owned companies and foreign corporate entities. She is an arbitrator on the ICSID list, first nominated by the US and later the government of Uzbekistan. She has served as arbitrator in proceedings before, inter alia, ICSID, SIAC, ICDR, AAA. Carolyn is the distinguished faculty chair at the University of Miami School of Law in the White & Case LLM programme in International Arbitration.

I pursued a career in international arbitration because of my respect and passion for advocacy, international law, and people of different legal systems, cultures, religions, and economic and political systems. All have been fascinating and provide a stimulating and intellectually enriching practice.

What do clients look for in an effective arbitrator?

The most important qualities are an appreciation of international and national law, and a balanced approach to applying the applicable rule of law, yet with a sense of fairness. An effective arbitrator must also devote time to reviewing the parties’ submissions and providing each with the opportunity to present their case, and assure it is understood by the tribunal. Also critical are an inquisitive mind to consider all of the relevant evidence and facts and careful thought to analyse the law and facts. Focusing, to avoid distractions by extraneous or collateral issues, is important as well. Finally, respect for the advocates, the procedures and a real effort to collaborate on the tribunal are essential.

What are the advantages and disadvantages of having a global practice?

I see primarily advantages: In today’s world, most of the significant businesses and disputes are global. One needs to appreciate the variations in approach among countries, communities and legal systems. Global experience with business To what extent has the international arbitration community met the challenge of improving diversity in recent years?

We have seen progress over the past decade. I am chairing a multinational task force on gender diversity in international arbitration with participation of all the major arbitral institutions and international organisations. This group has studied and produced an excellent report presenting the data and assessing progress. We also provide recommended pathways to promote gender diversity among counsel, tribunals and end users. Within law firms, it is most important to provide women opportunities and to promote with our clients the use of women on tribunals, etc. We have made progress but there is still much to do to achieve balance. It will take a sustained effort on the part of us all. One effort that our firm has undertaken is to be a signatory of the Equal Representation in Arbitration pledge, which seeks to increase, on an equal opportunity basis, the number of women appointed as arbitrators in order to achieve a fair representation as soon as practically possible, with the ultimate goal of full parity.

What role do you see third-party funding playing in arbitration moving forward?

The funding of claims has provided access to justice for some cases otherwise unable to proceed. However, third-party funding MUST be balanced against states and companies having to defend against more claims. There is a real tension.

Should tribunals be more bullish about corruption defences and examining evidence for corruption in proceedings?

Yes, corruption is a major blight on development and tribunals do have an obligation to inquire and examine the evidence with care.

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

My advice is to perform with excellence; leave no stone unturned when looking for and analysing the facts and the law; be strong and clear analytically in your view of the law. Do your very best to serve your clients, 24/7.

You have enjoyed a very distinguished career so far. What would you like to achieve that you have not yet accomplished?

I enjoy a wonderful practice with interesting clients. Teaching upcoming lawyers the skills needed for excellence is something I continue to enjoy.

Peers and clients say: “Carolyn is one of the best in the world of international arbitrations” “She is an absolute phenom in terms of her understanding of the facts of a case” “A top-class lawyer”