Lawyer Monthly - November 2022

the tribunal’s jurisdiction, the law governing the seat of the arbitration, and the laws that apply to the merits and the procedure, among others. However, I believe the finality of a strong arbitration award lies in the craftsmanship of the arbitrator. At the risk of repeating myself, the arbitrator needs to be both legally skilled and technically aware so that the award may deal with the evidence with enough gravitas to frustrate any challenge to the award. Furthermore, there are plenty of precedents to guide arbitrators – especially international arbitrators – to ensure that the likelihood of an appeal is minimal. Moreover, what is particularly seen in international awards is the need to curb racial bias or national prejudices. The presence of either immediately leaves room for appeal, thus nullifying the finality of the award. In a similar vein, costs of the arbitration need to be borne equally by the parties or their charges need to be so equitably structured that claims of limited bargaining power may not be made by the parties. Furthermore, language is paramount in the interpretation of arbitral awards. A lot may be lost in translation and thus agreements on a neutral language are preferred to restrict allegations of linguistic bias or prejudice. This is coupled with the obvious prescription that the language employed should be concise and clear. Other points that may be deemed technical but nevertheless merit mention include: the seat of the arbitration, applicable law to merit and procedure, and the jurisdiction and scope of the arbitration. These must be noted and reasoned in the award. Could you give some insights as to the most important things someone should do to start as a lawyer in arbitration? What advice or message do you have for anyone looking to enter this field? In the last couple of years, the trend with respect to arbitration has changed. Law students and young lawyers are now far more likely to decide that they want to specialise in arbitration. When I look back to the time when I started my career in arbitration, the opportunities were fewer compared with those I see today. However, I always reiterate to all the younger generation that, to have a successful career in arbitration, one must always make sure to treat small, less exciting assignments with the same consideration as larger, more exciting ones. Hard work is definitely a precondition, but is not enough on its own. Participating in moot courts around the globe and going to annual arbitration conferences and lectures are further opportunities that one can explore. My message to anyone who is looking to enter the field of arbitration is that there is no substitute for merit and perseverance. It goes without saying that the ideal mix is hard work combined with smart work. Further, today’s young aspirants have so many opportunities and they should definitely bag them. 60 LAWYERMONTHLYNOVEMBER 2022 Law students and young lawyers are now far more likely to decide that they want to specialise in arbitration. About Ish Jain Ish Jain is an international arbitrator, in addition to his role as senior partner at Regius Legal LLP. He possesses a wealth of experience in alternative dispute resolution and has been empanelled as an arbitrator by the 23 Arbitration Institutes in Asia, Middle East and UK and 4 Indian Courts. His areas of specialisation range across many areas of law, including Aviation and space Law, Technology, commercial, real estate and construction, intellectual property. Contact Ish Jain International Arbitrator C/o. Basement, Lower Ground Floor, Queens Mansion, A.K. Nayak Marg, Prescott Road, Fort, Mumbai 400 001, India Tel: +91 981-912-2331 +91 222-207-8786 E:

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