Interview: Grant recipient 2019

Kateryna Shokalo works as an Associate at Asters, Kyiv, and was awarded a partial grant to attend the Swiss Arbitration Academy (The SAA Practioner's Course). Kateryna practices international arbitration and litigation and was involved in complex projects spanning over multiple jurisdictions.

Agatha Brandão, SAA's Director of Studies, asked Kateryna a few questions to get her insight into the programme.

How would you describe the ArbP course? What did you like the most about the modules you attended?

In my view, the hallmark of this course is the practical approach of module leaders and speakers who are generous in discussing real examples and giving advice based on their rich experience. The ArbP course allows experiencing the essential stages of arbitration and related court proceedings based on a mock case. The programme focuses on important details regarding the practice. As an arbitration practitioner, I appreciate that we discussed the nuances of drafting the request for arbitration and terms of reference, we examined difficult fact witnesses, and scrutinized different experts’ reports.

What do you have to say about the group of participants?

This is another hallmark of this programme. I was lucky to study with such an amazing and diverse group. The participants came from different backgrounds: counsels and in-house lawyers, engineers, contract and project managers, insurances & claims managers. This brings an invaluable input into the learning process, and I think that all participants found it useful. On the one hand, it helps to look at the work of arbitration counsel from a practical, result, and client-oriented perspective. On the other hand, for a client, it creates a more comfortable perception of arbitration and counsel work. The duration of the modules, as well as its interactive focus, allows the participants to build lasting relationships.

Do you believe that being awarded a partial grant was essential to attend the Swiss Arbitration Academy? How this opportunity will help you to advance in your career?

Yes, this grant was essential for my decision to take this course, and I am genuinely grateful to the Swiss Arbitration Academy for this investment! I gained an insight into the Swiss approach to arbitration, enriched my toolset for arbitration proceedings, got feedback about my advocacy skills, and trained myself in witness examination. I hope that more people will be able to benefit from this opportunity.

To attend a summer course or separate modules during a year, what is the difference between these dynamics in your view?

The practical difference is how much time you may dedicate for a course on-the-job. Compared with the three weeks Summer Courses at the Hague Academy of International Law I took earlier, it is easier to manage separate "Thursday to Monday" modules dispersed over a year. On the other hand, it is more expensive and time consuming to travel several times to Switzerland. 

Have you been to Switzerland before? How was the experience in Geneva/Zurich? Any tips for accommodation and expenses?

Yes, I have been to Switzerland before. Probably this is why I was not disappointed about not having free time to discover the cities; the course is intensive. The hotels are convenient, but there are also decent and budget Airbnb places in a walking distance from the offices or hotels we had the sessions in. 

If a potential candidate is unsure about the CAS vs. ArbP Program, what would you say?

The first module is an intensive introduction into arbitration, and taking CAS allows to publish a paper supervised by any member of the Academic Council. However, if a candidate has a solid background in arbitration and wants to focus on practical aspects or to study deeper certain issues, it is probably better to start straight from the second module. Some participants who initially took the ArbP Course than upgraded to CAS. It is important to understand what one expects to take away from the programme. If a candidate is unsure about any of those takeaways, they may contact someone who participated in the course before; I would be glad to answer such questions. It is great that the Swiss Arbitration Academy publishes the list of participants on the website. 

Any suggestions for anyone applying for the partial grant now?

In my motivation letter, I emphasized the skills I would like to enhance during the programme, how my experience would contribute to the discussions, and my pro-bono activities in the legal sphere. Additionally, I also think that unique national and professional background within the pool of the course participants matters.

Profile: Grant recipient 2018

by Thien Le Nguyen Gia (LL.B, LL.M, ArbP), Lecturer of University of Economics and Law, Vietnam National University Ho Chi Minh City

The more Vietnam has integrated into the global economic relationships, the more commercial disputes Vietnamese enterprises have to face with. International commercial arbitration would always be admired as an effective and prestigious for such commercial disputes. Therefore, the notion of international commercial arbitration has been extremely significant. In order to follow up on international best practices in the course of international commercial arbitration, there have been two features on which Vietnam has had to focus, those have been improving the legal framework as well as learning international experience of developed and friendly-arbitration countries.

This has been my initial purpose to come to Europe in order to study my PhD project, which has specialised in comparative perspectives on legal instruments and case laws of European countries and Vietnam. It has been uncontested that European countries’ various and valuable experience of international commercial arbitration can be applied as best practice for both Vietnamese practitioners and academics.

I was fortunate to find out more about a really sophisticated program named Certificate of Advanced Studies (CAS) concentrating on international commercial arbitration held by an excellent initiative named Swiss Arbitration Academy (SAA). Although it came to my mind that a grant covering whole tuition fees of the Program will be transparently challenged for the applicant, I decided to apply for it. And so, fortunately, my application was chosen via considerable evaluations of Board of Directors and Academic Council of the SAA. That has been my great pleasure to be given an opportunity to attend this program.

The teaching content is well-designed with 4 sessions in totally 20 days, it covers most of the imminent features of international commercial arbitration. While the proceedings of an authentic arbitration has been modified and taught by particularly distinguished professors and practitioners. Attendees have chances to learn not only academic features of international commercial arbitration but also to take part in divergent interesting role play sessions as arbitrators, mediators, counsels, witnesses as well as the parties themselves. Respective matters relating to theoretical contents and the role-play performances have been carefully assessed and liberally discussed amongst instructors and attendees in professional atmospheres. I have to express that this Program has been one of the most prestigious ones I have ever joined!

After finishing my PhD, I will come back Vietnam to serve as a full-time senior lecturer specialising on both international and domestic commercial arbitration in Vietnamese and other Asian countries’ universities. I will also publish several articles and books specialising in international commercial arbitration so as to introduce updated knowledge and modern best practice to Vietnamese and other Asian countries’ arbitration community. Additionally, my strongly desirable profession is to become an arbitrator or a counsel for companies. Valuable knowledge as well as professional practicing skills I have learned in this Program will definitely enable me to attend in arbitral proceedings as an arbitrator or a counsel confidently and professionally.

Testimonial: Grant recipient 2017

I came across Swiss Arbitration Academy while looking for an arbitration programme that could nurture and refine my skills as an arbitration practitioner. The CAS programme offered an eclectic blend of theory and practice of arbitration and clearly proved to be beyond my expectations. The course structure encapsulated all important stages of the arbitration process and the teaching methodology gave valuable insights from academia, practice and industry experts. It was a tremendous learning experience and, as a common law practitioner, I found the discussions very enriching, particularly, the ones pertaining to the interface between the civil and common law tradition in international disputes. The participants comprised of a diverse group of young and experienced practitioners from various countries, which raised the level of discourse and made the gathering truly international. I would recommend the programme to international arbitration practitioners who wish to learn the nuances of international arbitration advocacy and network with fellow practitioners from across the world. My sincere gratitude to the Academy for their gracious support and the generous grant that enabled my participation in the programme. The programme has certainly given me many memorable experiences and precious lessons that I constantly try to emulate in my practice today as an international arbitration counsel. - Sooraj Sharma