Counsel as Client’s First Enemy in Arbitration?
"Ugo Draetta has an immense advantage over all other actors in arbitration: he has played every role. This makes it possible for him to know what happens on stage as well as behind the scenes. To see before even entering the theater; this is the essence of the difficult relationship between a lawyer and his client. Ugo Draetta has become a master in presenting these challenging relations with clarity, psychological insight and finesse."
--Professor Pierre Tercier, Arbitrator, former Chairman of the International Court of Arbitration of the ICC
"With his dual experience of arbitrator and in-house lawyer, Ugo Draetta provides to counsel in arbitration a guide of all the errors to avoid. Instead of a desiccated code of conduct, the reader enjoys a colorful and lively series of anecdotes with a tremendous educative power comparable to that of the medieval stories. Clients should require evidence that counsel have read this book before hiring them"
--Yves Derains, Derains & Gharavi, Paris, Former Secretary General of the ICC Court of Arbitration, Chairman of the ICC Institute of World Business Law
"The new book by Ugo Draetta exudes the wisdom he has accumulated in his experience as an arbitrator. His lesson of moderation, prudence and honesty should be reflected upon by all counsel concerned with efficiency"
--Pierre Mayer, Partner, Dechert, Paris, Emeritus Professor of the University of Paris 1, President of the Arbitration Academy
"Any person contemplating to be a party to or otherwise participate in arbitration was waiting for this book. How was it possible to entrust the resolution of a dispute to a professional (or interact as an arbitrator, or opposing attorney, with that professional) without having sufficient insight in the role, the benefits and, even more importantly, the potential damage an outside counsel can bring to a case and its resolution? Prof. Draetta's book is the first to address the issue of outside counsel as the possible worst enemy of his client and is compulsory reading: the thorough description of the pathology, the counsel carefully to avoid, leads to reflections on the remedy, namely counsel who shall be efficient and adequate for a given arbitration. Better still, Draetta remains true to himself: drawing from his considerable experience, he uses inductive reasoning and starts off from anecdotes, often funny, to base his comments and buttress the remedies he suggests. The result is a book whose irony and humor seize the reader from the first page and whose teachings will hardly release him before the very last phrase ('I will feel having accomplished my task'). Yes, Professor Draetta, you have."
--Laurent Lévy, Partner and Arbitrator, Levy Kaufmann-Kohler, Geneva; Vice President, ICC Court of Arbitration
"If it is true that most counsel do an excellent job in defending their clients, it is also correct that they may also damage their client's case by their aggressive or uncooperative attitude or by inundating the tribunal with unnecessary submissions, documents or witness statements. Arbitrators are aware of that but it is the first time that one of them decides to write a book on the topic and describes in detail all the conducts of counsel that may negatively affect their case: a very courageous and useful initiative. Let us hope that the message will be heard."
--Bernard Hanotiau, Partner and Arbitrator, Hanotiau & van den Berg, Brussels; Member of the ICCA Council
"There are many ways in which arbitrations may be disrupted by the parties and/or their attorneys. Abuse of rights to request document production, a strategy often employed in ways not in the best interest of the client, is one of the maneuvers accounted in the book. It provides useful guidance and advice to parties in this connection."
--Professor J. Martin Hunter, Barrister Essex Court Chambers, Chartered Arbitrator
"Ugo Draetta's wonderful, intensely practical new book says that it is "addressed to parties' [arbitration] counsel in an effort to highlight some of the behaviors they would be best advised to avoid." This is much too modest a target audience. The book also should be "must reading" for all corporate lawyers who draft arbitration clauses or who are responsible for handling arbitrations in which their companies become involved. In addition, it offers a worthwhile catalogue for arbitrators who want to see how an experienced arbitrator has handled recurring types of problems that most of us have encountered."
--Philip Allen Lacovara, CIArb
"Ugo Draetta has an immense advantage over all other actors in arbitration: he has played every role. This makes it possible for him to know what happens on stage as well as behind the scenes. To see before even entering the theater; this is the essence of the difficult relationship between a lawyer and his client. Ugo Draetta has become a master in presenting these challenging relations with clarity, psychological insight and finesse."
--Professor Pierre Tercier, Arbitrator, former Chairman of the International Court of Arbitration of the ICC
"With his dual experience of arbitrator and in-house lawyer, Ugo Draetta provides to counsel in arbitration a guide of all the errors to avoid. Instead of a desiccated code of conduct, the reader enjoys a colorful and lively series of anecdotes with a tremendous educative power comparable to that of the medieval stories. Clients should require evidence that counsel have read this book before hiring them"
--Yves Derains, Derains & Gharavi, Paris, Former Secretary General of the ICC Court of Arbitration, Chairman of the ICC Institute of World Business Law
"The new book by Ugo Draetta exudes the wisdom he has accumulated in his experience as an arbitrator. His lesson of moderation, prudence and honesty should be reflected upon by all counsel concerned with efficiency"
--Pierre Mayer, Partner, Dechert, Paris, Emeritus Professor of the University of Paris 1, President of the Arbitration Academy
"Any person contemplating to be a party to or otherwise participate in arbitration was waiting for this book. How was it possible to entrust the resolution of a dispute to a professional (or interact as an arbitrator, or opposing attorney, with that professional) without having sufficient insight in the role, the benefits and, even more importantly, the potential damage an outside counsel can bring to a case and its resolution? Prof. Draetta's book is the first to address the issue of outside counsel as the possible worst enemy of his client and is compulsory reading: the thorough description of the pathology, the counsel carefully to avoid, leads to reflections on the remedy, namely counsel who shall be efficient and adequate for a given arbitration. Better still, Draetta remains true to himself: drawing from his considerable experience, he uses inductive reasoning and starts off from anecdotes, often funny, to base his comments and buttress the remedies he suggests. The result is a book whose irony and humor seize the reader from the first page and whose teachings will hardly release him before the very last phrase ('I will feel having accomplished my task'). Yes, Professor Draetta, you have."
--Laurent Lévy, Partner and Arbitrator, Levy Kaufmann-Kohler, Geneva; Vice President, ICC Court of Arbitration
"If it is true that most counsel do an excellent job in defending their clients, it is also correct that they may also damage their client's case by their aggressive or uncooperative attitude or by inundating the tribunal with unnecessary submissions, documents or witness statements. Arbitrators are aware of that but it is the first time that one of them decides to write a book on the topic and describes in detail all the conducts of counsel that may negatively affect their case: a very courageous and useful initiative. Let us hope that the message will be heard."
--Bernard Hanotiau, Partner and Arbitrator, Hanotiau & van den Berg, Brussels; Member of the ICCA Council
"There are many ways in which arbitrations may be disrupted by the parties and/or their attorneys. Abuse of rights to request document production, a strategy often employed in ways not in the best interest of the client, is one of the maneuvers accounted in the book. It provides useful guidance and advice to parties in this connection."
--Professor J. Martin Hunter, Barrister Essex Court Chambers, Chartered Arbitrator
"Ugo Draetta's wonderful, intensely practical new book says that it is "addressed to parties' [arbitration] counsel in an effort to highlight some of the behaviors they would be best advised to avoid." This is much too modest a target audience. The book also should be "must reading" for all corporate lawyers who draft arbitration clauses or who are responsible for handling arbitrations in which their companies become involved. In addition, it offers a worthwhile catalogue for arbitrators who want to see how an experienced arbitrator has handled recurring types of problems that most of us have encountered."
--Philip Allen Lacovara, CIArb