Albert Jan van den Berg

Hanotiau & van den Berg

Brussels www.hvdb.com

ajvandenberg@hvdb.com Tel: +32 2 290 3913

Biography

Professor Albert Jan van den Berg is a partner at Hanotiau & van den Berg (Brussels). He is a visiting professor at Georgetown University Law Center, Tsinghua University Law School and University of Miami School of Law and member of the faculty and the advisory board of the University of Geneva Master in International Dispute Settlement Program. He is emeritus professor of law (arbitration chair) at Erasmus University, Rotterdam. He is sole, presiding and party-appointed arbitrator in numerous international commercial and investment arbitrations. He also acts as counsel in international commercial arbitrations and in set-aside proceedings.

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

Like most kinds of diversity, a mix of geographical and sectoral experience brings a richness of perspective. It is not uncommon for an experience in one country or one sector to be valuable in another. In my experience, for clients this brings more creative thinking and solutions. This goes hand-in-hand with a fundamental understanding of the market and sector in which your client operates.

What do you enjoy most about working in international arbitration?

I most enjoy applying intellectual rigour to get to the bottom of each case. Whether technical, human or legal, every case has its curiosities and Iessons to learn. I also greatly enjoy working with the next generation of talented lawyers to execute our legal work with excellence and precision.

In what ways has the firm adapted hiring and training processes for new practitioners in light of the coronavirus pandemic?

Like many firms, our training processes have been challenged by the circumstances of the pandemic. I don’t see a big shift in our hiring policy, but it has certainly been crucial for us to find new ways to stay connected. For new recruits, this involves regular team meetings as well as direct supervision and interaction with all members of the team. It is difficult to replicate those important training moments that often arise impromptu in an office setting, but we have endeavoured to keep our virtual office doors open via the means we have available.

What further steps can be taken to ensure that arbitration professionals are more comfortable using arbitration hosting platforms and other technology increasingly used in the space?

In my experience, the profession adapted rapidly to new technology as a result of the need for everything to go online during the pandemic. For those that still need a nudge, at pre-hearing conferences I often offer recommendations for my favourite microphone! Practice makes perfect, and over time I am sure that we will naturally become even more well adapted to technological solutions that offer many time and cost benefits to parties and proceedings in general.

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

The international arbitration community has taken admirable steps to improve diversity, and in particular gender diversity, in recent years. There is still much work to be done, not only in respect of gender diversity, but in other fields such as regional and racial diversity. Following a bike accident in 2021, I also became acutely aware of the challenges faced by people with disabilities in this professional field. For this reason, disability inclusion is also a passion of mine and I serve as an awareness ambassador to the ICC task force on disability inclusion and international arbitration. We have our work cut out for us.

Do you envisage the emergence of any new arbitration seats that will rival those currently most popular?

I do see shifts in the market and new regional hubs emerging. There is a lot of room for competition. However, I estimate it will be quite some time before those seats are able to rival dominant centres of arbitration with long legal traditions of international arbitration. For new arbitral seats to be successful, they require not only UNCITRAL Model Law compliant arbitration laws, but also judges who are familiar with the law and practice of international arbitration.

Peers and clients say: “One of the leading arbitrators in the world” “Albert Jan is one of the biggest names on the international circuit” “A leading light” “He is highly recommended for his investment and commercial arbitration expertise”