Building a career as an arbitrator: the value of networks

Last week I was honored to be inducted as a Fellow of the College of Commercial Arbitrators. The CCA membership is comprised almost entirely of full time independent arbitrators and joining as a Fellow gives me access to an incredible network of an elite group of US arbitrators. The occasion got me thinking about the value of networks generally and how my attitude to networking has evolved over the course of my career. I am always pondering how to expand and develop my career as an arbitrator, so when I network, I want to make sure I am networking properly to maximise the chances of me being appointed as an arbitrator.

The main issue with building a career as an arbitrator is knowing where your appointments come from. The usual trajectory (and one which I have largely followed), is that once you have developed a broad base of experience in arbitration matters as counsel, you approach an arbitration institution and apply to be added to their database of arbitrators. Research shows that an aspiring or junior arbitrator is far more likely to be appointed by an institution than a party and this was certainly true for me. My first case was as a sole arbitrator in a Miami-seated arbitration under Florida law administered by the ICDR. I was appointed directly by the institution. More unusually, I then began to get appointments as a chair, either through the institution or the co-arbitrators, principally because I am qualified in the US but I am not a US national, so in international cases with US and non-US parties, I was a good bet as chair. (I also love sitting as chair because I really enjoy the case management and award writing aspects of arbitrations). Only latterly have I begun to receive party-nominations and it is here where the importance of good networking really pays dividends.

I have been reflecting on how I network and how I can do it better. As a preliminary thought, I wonder whether I should be concerned that an assiduous tending to my networks, particularly those on social media, such as LinkedIn, will put me at risk of potential challenges to arbitral appointments? I would say no. Collective thinking on this point has evolved since 2012 when Jean Kalicki posited on the Kluwer Arbitration Blog that one option to eliminate the risk of challenge was for an arbitrator to avoid social media entirely. We have moved beyond that now and LinkedIn and its utility to the arbitration community is here to stay. But I can’t just sit back and rely on the fact that I have 2,000 + contacts on LinkedIn and hope that is sufficient, to benefit from my network and for my network to benefit from me, I need to adjust the way I approach it, and move it from a detached network to one with more personal connections.

First, I would say that I need to change my mindset and re-assess the way I look at my networking efforts. I am guilty of believing that networking is self-serving; in fact, I diminish my networking by referring to it as “the relentless pursuit of self-promotion”. Yet when I look at my strongest connections I see they are mutually beneficial relationships and usually built on a foundation of goodwill and warmth. It is quite simple: in the process of getting to know someone, you understand how you can add value and help them, and they are then willing to help you. I am someone who is very willing to help others, yet I am guilty of both undervaluing the help that I provide and assuming that others may not help me.

Second, I need to look at my comfort zone. Our comfort level is to network with people we know and like, who are generally people with similar backgrounds and points of view. In the fairly homogenous (in many ways) world of international arbitration it is very easy to seek out people who look like and think like you. But research shows us that this type of closed network limits our exposure to people who can offer new connections and ideas. I firmly believe that the demographics of arbitration are changing in all sorts of ways and to expand my practice I need to be open to networking with those who may be newer entrants into the industry, who may represent a facet of arbitration that is developing, or are from a newer jurisdiction.

Third, I need to be better at managing my relationships. I make great in person connections at so many of the conferences I attend, but I am not good at following up on those initial conversations. I suspect I am not alone in this, although I am also very aware that when I do get an email from someone I met at a conference I do really appreciate it.

Those are my three take-aways from reflecting on my existing network and looking towards my new network as a Fellow of the CCA. When you start reflecting on these issues, you realise that our whole lives are built on a complicated web of connecting relationships and that we are all constantly seeking to forge links and establish common ground with new connections. Arbitration is particularly built on these types of relationships, the concern is how to develop them in an industry that is expanding with a demographic that is changing.