Xavier Favre-Bulle

Lenz & Staehelin

Geneva www.lenzstaehelin.com

xavier.favre-bulle@lenzstaehelin.com Tel: +41 58 450 70 00

Biography

Dr Favre-Bulle has almost 30 years of experience in dispute resolution, being involved in over 250 arbitrations (energy, construction, M&A, distribution, pharmaceuticals, banking, sports, etc). At Lenz & Staehelin, Geneva, Dr Favre-Bulle leads the arbitration group and the sports law sector. He is the president of the Arbitration Court of the Swiss Arbitration Centre and senior vice-chair of the IBA Arbitration Committee. He is a frequent speaker at conferences and author of some 75 books/articles.

What inspired your choice of international arbitration as a field of practice?

I like how complex disputes are efficiently resolved by people having a very high standard of professionalism. Most cases are fascinating, with an international environment, a good mix of procedural and substantive issues, and bespoke solutions found by learned arbitrators after hearing excellent counsel. It is a privilege to work in a field where each case is different and the flexibility of rules allow for tailor-made procedures in the interest of the parties.

What do you enjoy most about your role as an arbitrator?

The challenge of facing diversity of cultures and very different industries, and being able to adapt oneself to provide the right answers. I see the role of chairperson as a conductor with his orchestra: no room for poor preparation or unprofessional improvisation.

You have published extensively on international and Swiss arbitration. Are there any particular trends and developments emerging that you have written about recently?

The tools we are developing under the Swiss Arbitration umbrella are quite impressive. Taking advantage of a very favourable Swiss legal environment (arbitration law revised in 2021), we issued revised Swiss Rules of arbitration and mediation in 2021 and we will shortly launch very innovative Supplemental Swiss Rules for Corporate Law Disputes, as well as an helpful Practice Note. The trend is to be creative and meet the users' needs, and I am pleased to emphasise those developments in various media.

Are you noticing a change in how arbitrations are financed? If so, what changes are you noticing?

There are more and more players interested in the business of third-party funding, even new comers (private equity funds), which in turn whets the appetite of potential claimants who are unable to finance their claims. The difficulty in practice is the high threshold put by funders to accept a case, which may either push a claimant to increase its claims or leave aggrieved parties without funding if their case is not considered worthy of interest.

How has the move towards virtual working affected training and networking opportunities?

On the one hand, the positive aspects include opportunities to attend remote events more easily, information can be accessed worldwide, arbitrations may be handled more efficiently (time and costs) when the parties and arbitrators do not have to travel to attend hearings. On the other hand, in-person contacts are key for developing a long-lasting network and connecting with people. We are not robots. Interacting without screens is crucial to manage the human aspects of daily work and further cohesion of spirit.

If you could implement one reform for Swiss arbitration, what would it be and why?

Financing permitting, the presence of Swiss Arbitration outside Switzerland could be enhanced. The Swiss Rules are an excellent set of arbitration rules that are suitable for most disputes, whatever their nature or amount (in particular thanks to our excellent expedited procedure successfully used since 2004); however, most arbitration agreements provide for a place of arbitration in Switzerland. Increased recognition of using the Swiss Rules with a seat in any other country would be well deserved. This might require the opening of offices abroad and the involvement of local representatives, with appropriate marketing means.

What do you think will be the greatest challenge facing the next generation of arbitration practitioners?

Competition… although there is a clear increase in demand of arbitration services, it seems difficult to imagine that everyone can hope to be successful in providing counsel work in the long run. Clients – especially sophisticated ones involved in high-value disputes – will look for experienced practitioners, with a track record and the ability to handle their cases efficiently. Similarly, the competition between arbitrators is significantly increasing, especially with the emergence of a number of boutiques of sole practitioners. A challenge that those arbitrators may face is having a sufficient number of appointments. Next-generation arbitration practitioners might thus wish to fight to be top-ranked and secure stability of their arbitration business or opt for broader dispute resolution practice including litigation and ADR.

What professional goals are you focusing on achieving in 2023?

It will be my third and last year as president of the Court of the Swiss Arbitration Centre with still many projects to complete, combined with mandates as counsel for our firm's clients and my arbitrator appointments, which both remain a priority in my every-day activities. I will also dedicate time to the IBA Arbitration Committee, so as to be ready to act as senior co-chair in 2024.