Urs Weber-Stecher

Urs WeberStecher

Weber-Stecher Arbitration

Zurich www.weber-arbitration.ch

urs.weber@weber-arbitration.ch Tel: +41 444 20 11 20

Biography

Urs Weber-Stecher is an independent arbitrator and mediator. He has more than 25 years’ experience in international dispute resolution. In more recent years, he extended his practice to commercial mediation. His practice includes a broad variety of areas of law in a wide range of industries. He has been a lecturer for international arbitration at the University of Zurich since 2001. He is president of the Commission of Arbitration and ADR of ICC Switzerland, he is a member of the Board of the Swiss Arbitration Association and also serves as vice-president and head lecturer of the Swiss Arbitration Academy.

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?

As far as I can observe, this danger is still a long way off; certainly in continental Europe. I am also noticing that the call for more efficient dispute resolution is becoming stronger, which is why companies are increasingly focusing on mediation also in commercial cases, and I think that is a good trend. However, it is still only a small portion of international commercial cases that are sought to be resolved by mediation.

Sources report a trend of arbitration practitioners being involved when contracts are drafted. How does this benefit parties in a contract?

I think this is a good development, which is ultimately also in the interest of the parties that conclude the contracts. The lawyers who negotiate the main content of the contracts are usually not dispute resolution experts. Accordingly, too little attention is often paid to these clauses when drafting the contract (keyword: “midnight clauses”). Therefore, it can be very useful to have a dispute resolution specialist for these clauses. This is especially true if not simply a standard arbitration clause of an arbitral institution is to be used, but a tailor-made clause that provides for a more differentiated conflict resolution mechanism, possibly with a flexible combination of mediation and arbitration. How has the relationship between arbitrators and parties developed over your career? How might this affect tribunals?

In recent years, disclosure standards for arbitrators have increased significantly. It is expected that all possible circumstances that could raise doubts about the independence and impartiality of an arbitrator are disclosed. This is good in itself. However, it is sometimes exaggerated when an arbitrator is expected to disclose for 20 years back which lawyers of the law firms representing the parties in the arbitration he has ever been in contact with and in which constellation. This can make things quite complicated and exposes arbitrators to an increased risk of being challenged later if the arbitration develops in a direction that no longer suits one of the parties. This can make arbitrators less brave in their actions. Yet the opposite is needed: steadfast courageous arbitrators!

To what extent does the shift towards virtual arbitration influence counsel when it comes to selecting the geography of their arbitrator’s seat?

I have not seen a relevant impact on the selection of arbitrators so far. The fact that the arbitrators used to have to travel to venues abroad has never been a major cost driver in arbitration proceedings. That is why I do not expect any major changes in the future.

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

I have been in numerous arbitrations involving exciting and complex legal issues. None of them particularly stands out. However, one arbitration was very special, because of an episode at the evidentiary hearing. A witness for a respondent company, which had supplied electronic equipment for warships to a foreign state, was confronted with secret photographs by the brokerage agent during the proceedings. He should have returned the photographs immediately because of their confidentiality, but accidentally packed them in his briefcase as he left the hearing room. When the agent noticed this, he became very agitated and rushed out of the hearing room to catch up with the witness and take the photos back from him, which he succeeded in doing. Such an experience remains in one’s memory.

What challenges did you face when setting up your own practice?

Fortunately, the challenges were very manageable. On the one hand, I had already been working mainly as an arbitrator for many years, and on the other hand, I was very lucky with the organisation of my solo practice. My long-time assistant joined me and supported me. And my new practice is located in the same offices as those of two esteemed colleagues who have been running their practice as independent arbitrators for a couple of years. So, I could simply take over or copy a lot of things and continue my practice as an arbitrator seamlessly.

Peers and clients say: “He is an arbitrator in demand and is super to work with” “He is an extremely good counsel, arbitrator and mediator, with very broad experience and good judgement” “Urs is a commercially minded arbitrator with a growing mediator profile”