Young EFILA in Conversation with… Stela Negran

Stela Negran is an associate at LALIVE. She specialises in international commercial and investment arbitration and advises clients in a variety of sectors, including energy, mining and construction. She is a solicitor of England and Wales, and has previously worked as a trainee and a paralegal at LALIVE.

Young EFILA sat down with Stela to discuss her career, her impressions of the world of arbitration and to hear her tips for aspiring young lawyers.

Young EFILA: What attracted you to a career in arbitration?

Stela Negran: During university, I studied both law and politics and found politics particularly enjoyable. Investment arbitration involves a lot of political elements, making it a good mix of both. Some of the cases we’ve handled are extremely interesting for exactly that reason. What I also appreciate about arbitration is the advocacy involved, which is not commonly present in other fields of law. The most fun part of arbitration is the crafting of your arguments. It is very engaging and challenging. These factors attracted me to the field and have kept me here.

YE: What is the most memorable moment in your career so far?

SN: It must have been when we received the Gabriel Resources v. Romania award. I was on the team representing Romania as a trainee, and we had two hearings: one in Washington that lasted two weeks and another one over Zoom during Covid. And then, after so many years of hard work, anticipation, and emotional involvement—especially since it was really important for Romanian people —it was so satisfying to get that award. It really was the best moment so far!

YE: As one of the young practitioners, what advice would you give to young professionals and students to increase their exposure to opportunities and mould their experiences?

SN: I think this can be pretty tricky because arbitration generally feels like a rather closed club. From my experience, I believe it is necessary to undertake various traineeships and internships, not necessarily in the usual ‘solicitor way’. For example, if you start as an internationally qualified lawyer and come to London, Paris, or Geneva, the usual path involves completing traineeships and internships, which typically last about six months each. From my observations, at least two such experiences are usually necessary before being offered a job as an associate. You need to get your foot in the door.

In terms of how to secure an internship, that is a challenge in itself. A good approach is to choose university subjects related to arbitration to build a strong foundation. Additionally, any similar experience, such as working in litigation, can be very helpful. It is also beneficial to network and get to know people in the field. Attending conferences, showing interest, and learning about arbitration are excellent ways to become familiar with the process and other practitioners.

Moreover, it is crucial to showcase your soft skills. One of the main skills, which can sound cliché, are communication skills, both verbal and written. Written communication skills are essential because you will be doing a lot of written advocacy as you progress in your career. To develop these skills, writing articles and reading relevant books can be very helpful. Effective communication is also essential for working in a team. You need to be able to communicate clearly with others because, in most cases, you will be working closely with other colleagues. Clear communication helps navigate the workload efficiently. Teamwork is another, but related, critical skill. Sometimes, even the senior lawyers need to take on tasks typically handled by junior lawyers due to time constraints, and everyone needs to contribute to the team’s success, regardless of their position and job description.

YE: What role do you think mentorship plays in arbitration practice?

SN: I think mentorship is really important, although there may be a lack of direct mentorship in arbitration. For students, if they have a chance to choose arbitration-related modules and have professors who are also practitioners or arbitrators, they should try to approach them for mentorship.

Even if they don’t have such opportunities, there are people who are willing to help and answer questions. For example, I used to message various associates on LinkedIn, and I also received questions from students on LinkedIn. Having a half-hour Teams meeting or a coffee chat can be very beneficial. Generally, people are willing to take the time to speak to you, so you shouldn’t be worried about reaching out.

Once you become an intern, there are more opportunities for mentorship, which often happens in a softer, more informal way. You may find one person, whether an associate or a partner, with whom you feel comfortable asking questions. This can greatly aid your development. Additionally, there are many mentorship programmes provided by associations for young practitioners, such as Young ICCA and VYAP. These programmes can give you access to mentors and peers with similar interests, allowing you to learn from each other. These mentorship programmes often allocate specific times, such as one hour every two to three weeks, where you can ask questions and discuss the field and necessary skills. This structured interaction is very helpful and both mentors and mentees volunteer their time, which means they are willing to support each other.

YE: What would you say are the most overrated and underrated elements of being an arbitration practitioner?

SN: The most overrated, I think, is the travelling. Everyone fantasizes about being in international arbitration and getting to travel. But honestly, for one, it doesn’t happen that often. And two, when it does happen, it really is not that glamorous. Either you’re going to a country where you have a full schedule of meetings with your witnesses and clients, or you go there to see a mine or visit a construction site. Or you go for a hearing where the only things you see are the hotel and the hearing centre. Those trips also often only last for one or two days. I think many arbitration practitioners may prefer to conduct business via Teams rather than travel unless the in-person connection is really important.

As for the most underrated elements, I think there are two: the actual amount of work, on the one hand, and the comradery, on the other. So, for the work, I do not think that people generally understand just how much work and logistics go into preparing the memorials: not only the development of arguments but the whole process of editing, proofreading, translating and so on. As for the other underrated element: comradery. I remember we had one of those difficult times around the hearing when we were working late and someone said something funny and five of us started crying with laughter. So yes, the comradery might be the most underrated aspect of the job. It is the little inside jokes and having a specific phrase you say or a song you play when you file something, and then going for dinner afterwards. When you go through so many nights and so many stressful situations together, you really do make friends.

YE: Is there room for innovation in arbitration? If yes, what forms does innovation take?

SN: I think the ‘classic’ answer is technological innovation, which will assist lawyers in reviewing documents and drafting. Ironically, technology has made the process more voluminous, with thousands of exhibits and documents to handle, unlike 20-30 years ago.

On a higher level, regarding the decisions being made, there is definitely room for innovation, but it may not always be embraced. For example, climate change could become a significant trend as the global community has collectively recognised the need to address it. This raises issues with how BITs are drafted, many of which were signed years ago. The challenge lies in interpreting many of these outdated BITs, considering the new regulatory frameworks.

YE: What would you say is an arbitration topic to follow in 2024?

SN: I think sanctions will be a huge topic. Although there is a lot of discussion about it, I believe we are just beginning to see more cases involving sanctions or sanctioned parties. Few of these cases have actually reached the end stage. It will be very interesting to see how this area develops because it is extremely complex and relatively unfamiliar. Understanding the practical issues and observing how tribunals decide on these matters will be fascinating. It will be something completely new to the field.

YE: What would you do if you weren’t working as a lawyer?

SN: I actually love this question! I think I would have gone into psychology, specifically neuropsychology. I find it extremely fascinating how our brains work, particularly how physical and chemical processes can affect behaviour. I often read about it, and I studied high-level psychology in high school, which I really enjoyed. So, if I weren’t in law, I would definitely be in psychology.

YE: And finally, can you recommend a book, TV show, or film that you’ve enjoyed recently to our readers?

SN: One thing that I’ve been reading obsessively, and love, is the Stormlight Archive by Brandon Sanderson. It is an epic fantasy filled with philosophical debates and questions related to the humanity of people. The characters are very complex, rarely purely good or bad – most of the good characters are “grey”. And it’s very interesting to see how you, as a reader, respond to these characters. I also think the world in it is beautifully depicted. I’m now finishing the latest published book, and then I will have to wait for the new ones to come out. I highly recommend it, even for those who typically don’t like fantasy!

YE: Thank you for your time, Stela!

**** This interview was conducted by Agata Daszko and forms part of Young EFILA’s Interview Series with Arbitration Practitioners and Specialists ****

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