Georg von Segesser

von Segesser Law Offices

Zurich www.vonsegesserlaw.com

gvs@vonsegesserlaw.com Tel: +41 44 382 01 00

Biography

Georg von Segesser is an independent arbitrator who has acted as chairman, co-arbitrator, sole arbitrator and counsel in over 250 domestic and international commercial and investment arbitrations. His broad arbitration practice covers disputes related to joint ventures, mergers and acquisitions, distributorships, oil and gas, construction, building and manufacturing contracts, service and cooperation agreements, intellectual property rights, investment disputes and trusts.

What do you enjoy most about acting as arbitrator?

The intellectual challenge and analysis of legal issues in cooperation with other arbitrators and counsel. In my practice I have the privilege to sit with fellow arbitrators with a very high level of professional expertise. The cooperation among arbitrators is different from advocacy of counsel and allows for a much more open and constructive discussion and approach. I enjoy this exchange of views and opinions in the very often multicultural set up.

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

I have seen an increase in the number of arbitrations involving some form of thirdparty funding. The availability of third-party funding provides greater access to justice and should be disclosed so that all parties may run the necessary conflict checks.

Given the increasing amount of conflicts arbitrators and counsel are experiencing, should there be a set of universal conflict principles across arbitration institutions?

With the widening of the pool of arbitrators today, I would consider there to be a decrease in the risk of conflicts between arbitrators and counsel as in years past. With the increase in transparency in arbitration proceedings made available by third-party providers there is also greater awareness of previous appointments and overlap between counsel and arbitrators. The tracking of appointments is a welcomed introduction. In my view universal conflict principles already exist by application of the IBA Guidelines on Conflict of Interests, which are wellregarded and often referred to by arbitrators and counsel in almost all international arbitrations.

In what ways is digitalisation impacting international arbitration? What are the potential benefits and drawbacks of these new technologies?

Remote hearings, to the extent possible given the case at hand, work very well. I do not see any major drawbacks in improving how arbitrations are organised and embrace the use of new technology in cross-border arbitration proceedings as it can lead to greater efficiency and costeffectiveness of the arbitration. Perhaps more importantly, given the significant carbon footprint that international arbitration proceedings may have, we should be mindful of our planet and strive for greener arbitrations.

Arbitrator independence and disclosure is a hot topic, with concerns that standards are opaque and restrictive. Do you agree?

The IBA Guidelines on Conflict of Interests are quite useful when determining which situations warrant disclosure. Arbitrators when deciding whether to accept a potential new mandate should be careful to comply with such standards at the risk of otherwise being challenged or any award issued set-aside.

What steps can be made to increase diversity in the arbitration market?

Without a doubt, diversity in gender, age, ethnicity, race, and socio-economic status is important. Arbitrators appointing the president of the tribunal should by default include a diverse list of potential arbitrators to choose from. Organisers of international arbitration conferences should require diversity among its speakers and panel members to give these practitioners the opportunity to become further visible vis-à-vis their peers. Experienced arbitrators should also strive to pass on their experience and knowledge in international arbitration to the younger generation of arbitration practitioners and support them in their career as arbitrators and mediators.

What is the best piece of advice you have ever received?

Be well prepared and stay succinct and modest.

WWL says: Georg von Segesser is “a focused and well-prepared lawyer” who impresses market sources with his “vast experience, analytical skills and proactive approach” in complex hearings.