Mian Sami ud-Din is a Partner at Bhandari Naqvi Riaz and an Advocate of the Supreme Court of Pakistan. He has acted as counsel in arbitration matters under the rules of most major institutions. His experience also includes cross-border litigation and matters involving Public International Law. He is a Fellow of the Chartered Institute of Arbitrators and a member of the Arbitration Law Review Committee of the Law and Justice Commission of Pakistan and is working on a new Arbitration Bill inspired by the UNCITRAL Model Law. As a former rugby player, he also takes an interest in sports arbitration and is a qualified World Rugby Judicial Officer.
Young EFILA sat down with Sami to discuss his career, tips for young practitioners and what the future of international investment law might hold.
Young EFILA: What attracted you to a career in arbitration?
Mian Sami ud-Din: After graduating from the University of London external programme (LLB) in Islamabad, I travelled to London to enrol in the bar vocational course (BVC) at the Inns of Court School of Law (now City Law School) to become a barrister. Although the original plan was to return to Pakistan after the BVC, I stayed on to obtain an LLM in professional legal skills from City University and get some work experience.
To complete the LLM, I was required to submit a dissertation in an area of legal practice, so while doing my research I came across international arbitration and chose to focus on the practice and procedure of taking evidence in international arbitration. That is when I became fascinated with international arbitration, particularly its flexibility, the importance given to the sanctity of contracts, and the fact that many different legal rules and legal systems can apply to international arbitration proceedings.
At the recommendation of a friend I also found an opportunity to work in a commercial litigation firm simultaneously with my LLM research. I started working on a High Court case concerning a high value deceit and breach of warranty claim. While at that law firm, I also became involved in interesting cross-border litigation and a domestic arbitration matter. After two years working in London, I moved back to Pakistan and sought to join a law firm involved in litigation and a practice in international law. This provided a great opportunity and I became involved in interesting international commercial and investment treaty arbitrations at an early stage, which kept my interest going.
YE: What is the most memorable moment in your career?
MSD: There have been several moments. But among them, one moment stands out in particular. It was in an international arbitration a few years ago in which I was counsel. Although my client lost the case, the senior opposing counsel expressed how I gave them a very tough time despite them having a strong case. Even though it seemed like an open-and-shut case for the opposing side, we managed to put up a good fight. I suppose when your opponent compliments you, it becomes more meaningful.
YE: What was the most challenging moment of your career?
MSD: The challenging moments never end. Difficult clients, difficult arbitrators or difficult judges can be challenging. But frankly, the most challenging moments are in trying to strike a healthy work-life balance. I recall when my son was being born, I had to take files to the hospital to finish up on some work! But now my children are very good at reminding me to maintain a balance.
YE: What qualities and skills make a good arbitration lawyer?
MSD: Integrity, grit, effective advocacy, and paying attention to detail. There are certainly others, but for me these rank at the top.
Although it seems obvious, having integrity cannot be emphasised enough. When the stakes are very high there is danger of unethical practice or some lawyers giving up on their principles. Whether a lawyer wins or loses a case, one’s integrity should never be compromised. Arbitration can also be very physically and mentally demanding, so it is important for lawyers to have grit to withstand pressure and show resolve during an arbitration as well.
There are many tips to effective advocacy, both written and oral, but often it just means not making things complicated when they can be presented in a simple and straightforward way. Another important quality I find essential is a lawyer’s ability to give attention to detail to their tasks. The smallest of points and the tiniest of mistakes can make or break your case sometimes.
I’ve noticed a tendency in young people, lawyers or law students, in trying to achieve more when they are given a task. For example, during legal research, they may want to read (or skim) through more material without trying to absorb or understand key information. If they need to prepare a case, then going through documentary evidence or interviewing a client or witness must be done with a high degree of care and attention, even if it means you have to spend more time doing it and risk not meeting a deadline. I think it is better to push back a deadline than compromise on the quality of the work you are doing. There are a lot of nuances in the law or facts of any case and being mindful of them is an excellent skill to have for an arbitration lawyer.
YE: Do you think that it is better to be a generalist or a specialist?
MSD: I think the answer to this question depends on where one is practising.
In a jurisdiction like Pakistan, the frequency of international arbitration matters is less compared to a major hub of international arbitration like London or Singapore. Therefore, I think most arbitration practitioners in Pakistan are generalists, doing all sorts of commercial disputes, whether before the courts, arbitral tribunals or regulatory authorities. I think the fact that one is a general commercial practitioner adds to the skill set of an arbitration lawyer. Ultimately, there is no one-size-fits-all to building an arbitration career in my view, a lot of it has to do with the jurisdiction in which you are practising and what you enjoy doing.
YE: What is an arbitration case to watch or a topic to follow for 2024?
MSD: One of the topics that I haven’t yet encountered in the investment arbitration space is investment treaty claims arising out of violations connected to regulating data flows. Data is now being treated as a commodity and an asset in which people are investing and any regulation of that might have the potential to violate any investment related commitments by states. For example, data protection laws of some states put restrictions on the flow of data and even mandatorily require data localisation. Additionally, some states heavily regulate online content and place restrictions on social media and other internet companies, which can lead to temporary bans of some platforms or even the entire internet.
I think that, at some point, discussions will emerge as to how such regulation harms investments made by foreign investors and therefore violate commitments made by states in international investment treaties. There is some discussion these days about adapting and negotiating new international investment agreements more suitable to a digital economy which past treaties do not cater to. This is an area that I would follow with interest.
YE: And finally, please recommend to our readers a book that you have enjoyed
MSD: I recommend Emmanuel Gaillard’s The Legal Theory of International Arbitration if you want to read something on international arbitration. And Tolkien’s Lord of the Rings for a non-arbitration classic and if you don’t think the epic-fantasy genre is just for children. Both books are deeply philosophical if you think about it.
YE: Thank you for your time, Sami!
**** This interview was conducted by Ioana Maria Bratu and forms part of Young EFILA’s Interview Series with Arbitration Practitioners ****