"Build it and they will come": Observations on the rise in solo practices

I recently spoke at an event discussing the growth in independent arbitrator practices and was stuck by the energy in the audience and the enthusiasm for this still relatively new model for sitting as an arbitrator.

Although the model of a solo arbitrator practice is fairly prevalent in the United States, in the United Kingdom it remains relatively rare. Yet for various reasons it is growing in popularity here in the UK and that is something to be celebrated.

I established my solo practice in 2017, initially in the US then in the UK. From the vantage point of seven years of learnings, I make the following observations.

First, despite common misconceptions about the ease with which one can set up as an arbitrator. there are no formal barriers to entry into the market. You become an arbitrator when you declare yourself to be one. Of course, whether you have acquired all the necessary attributes to secure appointments is a different question (and in those attributes I include extensive arbitration experience, industry specific experience, good judgement, excellent case and people management skills, IT proficiency, good analytical skills and writing abilities). Whether you have those attributes is a question that only you can answer.

But assuming you have answered the question with a resounding yes, then how do you go about establishing your practice? So, with apologies to Mr Costner for the misquote above (his character was, in fact, told “if you build it, he will come” by a mysterious voice encouraging him to construct a baseball pitch in his field - if you haven’t seen Field of Dreams this may be a little lost on you), the title of this post is intended to be a shorthand for putting the structure in place to support your arbitrator practice, then focusing on delivering it. The lines in the film are ofen used to suggest that if you create something worthwhile or of value, people will be drawn to it. Here, I mean that if you establish yourself as a credible, professional arbitrator candidate and deliver exceptional quality work, then appointments will come.

That said, and second, the challenges of getting work cannot be overstated. I just claimed that if you built it they would come, and they will, but there won’t be a stampede. Establishing a regular flow of work takes time and significant investment. Here I must pause and make the obvious point. If you don’t promote yourself, who will? In my experience, everyone hates self-promotion butit is a necessary evil. When I meet arbitration practitioners I try to ensure that I leave the discussion knowing three things about them, and that they leave the discussion knowing three things about me. (If the discussion has gone well, they will leave knowing that (i) I have been in arbitration since 1998, (ii) I specialize in energy disputes and (iii) despite my English accent, I am qualified in the US as well as the UK). Incidentally there are still difficulties with engaging with directories as a solo practitioner, as most are not geared to practices that don’t fit into the law firm/barristers chambers categories, but that is a blog post for another day. A more fundamental challenge is that it is almost to identify a clear link between marketing efforts and appointments. There is a clear link (of course) between appointments and reputation and so my major observation in this regard is to guard your representation zealously. Similarly, if you don’t invest in yourself, who will? The investment you make in terms of time and money in conferences and articles will pay dividends…eventually.

Third, for me the benefits of being a solo practitioner far outweigh the burdens. My working day is highly varied. On any one day I can be getting a cybersecurity check, running conflicts, accounting, updating the website, making company filings … and arbitrating. Being a full time arbitrator in a solo practice means turning your hand to every aspect of the business, which for me is immensely rewarding and has led to me developing skills that I feel have enhanced my arbitrator practice considerable.

A final word about motivations. Looking at the impressive individuals who have launched solo practices in recent years, it seems that there is a common thread that runs through their approach and that is professionalism. The new entrants to the solo field are highly motivated to produce excellent awards. They also project an awareness of the importance of the broader perception of arbitration and the need to run arbitrations efficiently and professionally. Gone are the days when becoming an arbitrator was seen as a retirement option, to be picked up and put down again at leisure. The market is beginning to acknowledge that being an arbitrator is a career choice. We are fortunate that many outstanding arbitration practitioners are actively making that choice.