Young ICSID Profiles Part Nine - Focus on the Middle East and North Africa
Young ICSID is pleased to share the latest installment of its profiles of young professionals in the field of international investment law and dispute settlement. Each issue examines practical issues related to building a career and skill set from the perspective of young professionals from around the world.
In this issue, we had the pleasure of interviewing three practitioners with extensive experience in arbitral practice in the Middle East and North Africa (MENA): Omri Sender, Partner at S. Horowitz & Co. in Israel; Nada Sader, an arbitrator and counsel based in Beirut; and Salim Sleiman, Senior Case Manager at the Bahrain Chamber for Dispute Resolution. As with our previous series, these interviews were conducted independently and in writing, with no coordination or collaboration between the interviewees.
Tell us about your current role. What does a typical day look like and what do you enjoy most about the job?
Omri: I am a Partner and the Chair of the Public International Law Practice Group at S. Horowitz & Co., one of Israel’s oldest and most well-known law firms. There really is no typical working day for me, as each day ends up being quite different. I may be drafting on short notice an application instituting an international dispute settlement proceeding, replying to an urgent request for provisional measures, or preparing other written pleadings of various kinds. I may also be briefing new or existing clients on their legal options in respect of a developing situation, conducting research for the purpose of providing written legal advice, or getting ready for an oral hearing before an international court. Some days I will be taking part in deliberations of an arbitral tribunal that I am assisting, teaching my university course on ‘International law in practice’, or reviewing proofs for an academic publication that I authored. It is precisely this rich variety of tasks, the simultaneous handling of very diverse matters, and the constant opportunities for learning, which I enjoy most about my work.
Nada: I founded my own practice in 2023, after having worked at a boutique international arbitration law firm first in Paris, then in Beirut, for about 14 years. I am now based in Beirut, and act as counsel and arbitrator in both commercial and investment arbitration proceedings.
There is – and this is the most enjoyable part of international arbitration – very little room for “typical” days. Apart from some administrative tasks that I have to tend to, the type of work varies depending on whether I am counsel or arbitrator. My work as counsel differs from case to case and from client to client. Each case is marked by different facts, law, client interests, sensitivities and challenges. Further, unexpected developments are always just around the corner, particularly in cases where disputes continue to evolve during the arbitration. I find this is especially the case in investor-state cases, where you sometimes witness aggravations of the dispute, which need to be addressed urgently through, for example, an application for provisional measures. My work as counsel also varies depending on the stage the proceedings are at: evidence gathering, drafting of submissions, document production, hearings – some of which I am fonder of than others!
Turning to arbitrator cases, these also differ from case to case, as they depend not only on the complexity of the issues at stake, but also on other tribunal members, the counsel involved, the procedural issues that arise and here again any unexpected developments.
Salim: Given the boutique nature of the institution, my role as Senior Case Manager at the Bahrain Chamber for Dispute Resolution (BCDR) goes beyond traditional case management and includes strategic responsibilities and business development. This variety in tasks is one of the aspects I enjoy most about the role, because it allows me to balance administrative, procedural, and intellectual challenges. My typical day starts with reviewing the status of ongoing arbitration and mediation cases, ensuring compliance with BCDR rules, and meeting deadlines, especially from the Chamber’s side. This includes managing case finances to ensure that arbitrators and mediators are remunerated on time. In the afternoons, I usually shift focus to supporting senior management, reporting case developments, and liaising with counsel, arbitrators, and partner institutions. Building and maintaining operational relationships is a key part of my responsibilities. Toward the end of the day, I typically turn to more conceptual tasks such as drafting rules, organizing workshops and trainings, contributing to BCDR’s engagement with UNCITRAL and other international bodies, or working on the BCDR International Arbitration Review. Later hours of the night and weekends are reserved for personal projects and development.
Is there a skill or characteristic that you feel is often underappreciated amongst lawyers and arbitrators given its importance to a successful career in international arbitration?
Omri: I find it surprising that lawyers putting forward legal arguments often seem to invest little time anticipating what the opposing party might say in reply or how those arguments would be received by the court or tribunal involved. In my view, when crafting legal arguments and devising any plan of action there is indeed much to gain in trying to step into the shoes of the other party and of the judges or arbitrators.
Another important skill that often seems underappreciated is common sense, which I find to be essential for successful problem-solving and navigating complex legal issues. This sometimes brings to mind the memorable words of the Privy Council from 1934 in the case concerning Piracy jure gentium: “their Lordships are almost tempted to say that a little common sense is a valuable quality in the interpretation of international law”.
Nada: I believe that the ability and willingness to question and revisit your first impressions or decisions, and to keep an open mind, is key. We are often told that lawyers and arbitrators must display confidence. While I believe that is important, I also think that one should keep an open mind about the matters one is dealing with and understand context. Oftentimes, the resolution of an issue is not straightforward and may be subject to facts that evolve as the case proceeds. Hence, your initial judgement may be in need of revalidation or amendment, as the case may be. Further, due to the particularity of the facts of each case, there is rarely an off-the-shelve solution. Instead, one may need to think outside the box to achieve a fitting and tailor-made approach. Having strong opinions or preconceived ideas about certain issues of law or fact can block you from doing this and hence from finding an alternative – but effective – solution to the matter in question.
Salim: “Simplicity,” “reasonableness,” and “a common touch” are often underappreciated, despite being key characteristics of successful practitioners. Tribunal members generally respond better to clear, straightforward arguments rather than overly technical or convoluted ones. While some arbitrators may enjoy delving into intricate legal complexities, complicated arguments often struggle to gain unanimous support or to resonate broadly within the tribunal. Effective arbitration advocates understand the importance of communicating their case with clarity and pragmatism, ensuring that their points are easy to follow but persuasive.
What advice would you have for someone preparing for their first arbitration in your country?
Omri: Israelis often appreciate (and very often practice) directness and clarity in communication, so be straightforward in your presentations and prepared to answer clear-cut and challenging questions. Do not take offense if people speak or behave somewhat informally, as this is part of the local culture (which you may soon come to appreciate!).
Nada: Apart from the common advice I would give to someone preparing their first arbitration anywhere in the world, I would say: expect challenges! Then work the problems and overcome them. The economic and financial crisis in recent years, combined with capital control measures – which have yet to be enacted by laws - have led to novel legal issues – ranging from whether a dollar paid in a Lebanese bank is in reality a dollar, whether the modality of payment of amounts awarded can be specified by arbitrators, and so on.
Salim: If they are experienced in arbitration, I would advise them to remain patient. It is true that many Bahraini lawyers are seasoned in arbitration, but most will approach arbitration proceedings similarly to court litigation, and so not every delay is a tactic to derail the proceedings! You may come across a counsel who genuinely does not understand the process.
If they are inexperienced, I would advise them not to feel overwhelmed. Bahrain has adopted the UNCITRAL Model Law, and offers access to extensive resources, literature, and published cases, making it a predictable and reliable system. Take comfort in the professional support provided by Bahrain’s arbitration centers, including the detailed information on local institutional rules available in publications such as the BCDR Review. With this foundation, you are well-equipped to proceed confidently!
Are there any misconceptions about international arbitration in the MENA region that you would like to dispel?
Omri: One misconception is that the MENA region lacks a robust legal framework for international arbitration. In reality, several States have established comprehensive arbitration laws and are party to various international agreements that promote and support arbitration. In Israel, for instance, Parliament recently enacted the new International Commercial Arbitration Law, aligning Israel’s international arbitration framework with international standards, particularly those adopted in the UNCITRAL Model Law. Israel is also a signatory to the New York Convention and the ICSID Convention, among other relevant instruments.
Another misconception about the MENA region is that there are only a few qualified arbitrators or legal professionals experienced in international arbitration. However, the region has seen a growing pool of qualified practitioners and institutions.
Nada: One misconception that I encounter is that women lack influence in international arbitration in the region. The reality is that women are now playing key roles in the field, contributing not only locally but also on the global stage.
Salim: A common belief is that the region lacks transparency or sophistication compared to other global arbitration hubs. However, this is far from the truth. Many MENA jurisdictions have implemented modern arbitration legislation and adopted internationally recognized standards, such as the UNCITRAL Model Law. The region boasts over fifteen arbitration institutions, including prominent ones such as BCDR, CRCICA, DIAC, and ArbitrateAD, which rank with other widely recognized international arbitration centers.
Another misconception is that the enforcement of arbitral awards in the MENA region is unpredictable. In reality, the majority of MENA countries are signatories to the New York Convention, as well as other regional conventions that facilitate the enforcement of arbitral awards. National courts in key jurisdictions show an increasing respect for arbitration and adhering to international standards when reviewing or enforcing awards, demonstrating the region’s commitment to a reliable arbitration framework.
There is also a belief that MENA arbitrations are rarely complicated and of less economic significance compared to those in Europe or the US, suggesting that a career in arbitration in the Middle East would lack intellectual challenge and would be less rewarding financially. This is not accurate. Disputes in the MENA region can be as complex and demanding as those anywhere else, requiring equally skilled and dedicated counsel. The region’s prominent role in recent global sports and cultural events and the dynamic nature of the region mean that arbitration here can be as challenging and significant as in any other major arbitration hub. The outcomes of MENA arbitrations are often highly consequential for the region.
How do you see the field of international arbitration evolving in the region over the next decade or so? What changes are you most excited about?
Omri: I expect that the significant expansion of bilateral trade and investment treaties concluded by States in the region over the past few years (with more currently being negotiated), along with the growing awareness of the protections they provide, will lead to an increase in international arbitration. It will be exciting to witness States, corporations, and individuals in the region realize that international arbitration can often be more cost-effective and quicker than litigation, particularly for complex disputes.
Nada: I believe that there will be significant growth in the field over the next decade in the MENA region. We are already witnessing the rise and constant development of arbitration centers in the region aimed at attracting domestic and international arbitration. As these centers grow, the region’s businesses and parties may reduce their dependence on western hubs, which will in turn empower local lawyers and create more regionally tailored solutions to disputes.
Salim: I anticipate that the MENA region will continue to embrace arbitration as a key method for resolving international disputes, likely fostering positive developments. The region’s dynamic approach and openness to innovation makes it particularly intriguing to consider how swiftly and effectively it will integrate new technologies into its arbitration processes. I am especially excited about the potential rise of online dispute resolution (ODR) and its impact on making arbitration more accessible and efficient. I also foresee a growing acceptance of mediation in the region. With the groundwork for mediation already laid, it is likely that the benefits of this alternative dispute resolution method will soon become more widely recognized. As mediation gains traction, it will complement arbitration and offer parties additional avenues for resolving disputes amicably.
If you had not pursued a career in law, what do you think you would be doing professionally?
Omri: There are, of course, so many roads not taken, but I might have found myself in an international strategy and management consulting firm or possibly as a historian.
Nada: I was a volunteer first-aid worker with the red cross at a young age and this experience was so satisfying that I strongly considered pursuing a career as a doctor. It is rewarding to be able to make a difference daily. While I ultimately chose a different path, it remains a path where my efforts - while not making an immediate difference - can still do so in the long run and it is this that I endeavor to do each day.
Salim: I imagine myself studying the origin and history of our planet and our people, either as a geologist/archaeologist or as a historian.
What is your motto in life?
Omri: One motto I strive to live by is “embrace the journey, not just the destination”. Another guiding principle for me is to choose kindness, particularly as we never quite know the struggles those we interact with may be facing, and we should never be adding to their burdens unnecessarily.
Nada: You either do it right, or you don’t do it.
Salim: You do not rise to the level of your expectations; you fall to the level of your preparation.
The opinions expressed in this publication are those of the interviewees. They do not purport to reflect the opinions or views of ICSID, nor those of the organizations with which the interviewees are associated or employed.