Name of arbitration practitioner:

Guled Yusuf

Education, Awards:

• LL.B., Law with French Law (Hons), University of Warwick, 2008
• LL.M., Columbia University (James Kent Scholar, Edwin Parker Prize), 2014

Countries qualified to practise:

• Admitted as a solicitor, England and Wales
• Admitted to the bar, State of New York, USA

Language(s):

• English
• French
• German
• Somali

Name of law firm/institution:

Allen & Overy LLP

Area(s) of specialisation:

Public international law, Investment treaty arbitration and Commercial arbitration

Institutional affiliation(s):

• Member of the Peer Review Board of the American Review of International Arbitration
• Chair of the Singapore International Arbitration Centre’s (SIAC) Users Council Committee for Africa
• Member of the SIAC Users Council Executive Committee
• Member of the Task Force for the creation of the Arbitration Centre of the Intergovernmental Authority for Development (IGAD) in Djibouti

What influenced your interest in arbitration?

I developed an interest in public international law at university and investment treaty arbitration struck me as the best means of practising international law. During my studies, I completed an internship at Hunton & Williams in London and had the good fortune of working for John Miles (of JMiles & Co.) and Kamal Shah (of Stephenson Harwood). I assisted them on a number of commercial and investment treaty disputes relating to Africa, which solidified my interest in arbitration.

What are some of the challenges faced by young practitioners working on disputes in Africa? What do you think can be done to address these challenges?

In Washington, DC, New York, Paris and London, a variety of law firms have departments exclusively dedicated to arbitration. In contrast, in most African jurisdictions, young practitioners have to straddle a variety of practice groups — capital markets, corporate, finance and litigation. There are fewer opportunities on the continent to gain experience in arbitration.

However, I think that this can be an advantage because a varied legal career has its benefits. For example, experience advising on energy contracts has obvious applicability in energy disputes. Moreover, it is worth recalling that, until relatively recently, few practitioners anywhere focused exclusively on arbitration. Young African practitioners should make the most of their broad legal experiences while maintaining a foothold in arbitration by means of publications, lectures or involvement with arbitral institutions.

In what ways can young arbitration practitioners improve their visibility within the international arbitration community?

There are a variety of means: for example, attending conferences, publishing articles (in publications such as Africa Arbitration or a peer-reviewed journal) and engaging with arbitral institutions that are eager to involve young talent.

What do you think can be done to make arbitration institutions in Africa more attractive?

The biggest challenge facing African arbitral institutions is the unflattering perceptions of African courts. There is a widespread view that African courts are hostile towards, or at least unfamiliar with, arbitration and there is a perception that they fail to enforce foreign awards or that they do not intervene in support of arbitration. As is the case with any generalisation about such a diverse continent, it is reductionist and unhelpful. There are certainly shortcomings, but they are far more widely advertised than the successes. I would, therefore, recommend that African arbitral institutions continue to educate local courts on international arbitration and educate the remainder of the world on the achievements of those courts when they show progress.

Do you have any role model(s) or mentors in the field of arbitration?

During my studies at Columbia Law School, I registered for a number of arbitration courses taught by Professor George A. Bermann and also had the pleasure of assisting him with research for the newest edition of his textbook on European Union law. He certainly serves as a role model in the field. I was immediately struck by the breadth of his expertise (arbitration, international law, European Union law, etc.); his varied career as a professor, advocate and arbitrator; and his enthusiasm for his work. He is also down to earth and can be as excited about an original or compelling idea that is put forward by a young student as one that is put forward by a well-established academic. It, therefore, comes as no surprise that he has fostered an abiding interest in arbitration in so many students.

What advice do you have for other young arbitration practitioners?

I actually sought advice from a younger colleague on how to respond to this question. After explaining, in stark terms, that I no longer qualify as a “young practitioner”, she strongly recommended that I give specific and practical advice. I will limit myself to offering three specific pieces of advice.

First, stake out new ground. It can often feel for newcomers like someone has covered most topics in the field in an insightful, thoughtful and expertly manner. However, arbitration is always evolving, especially in uncertain times. Young practitioners can play a critical role in contributing to the evolution of the field by anticipating and analysing changes. A former Canadian colleague would quote an adage attributed to Wayne Gretzky at every opportunity: “skate to where the puck is going, not where it has been”.

Second, make the most of every opportunity and don’t “phone it in”. We all have heavy and competing workloads so it can be very tempting to take shortcuts with certain tasks. However, it is a small field and a sloppy job may come back to haunt you. An obvious example is talks or conferences where many speakers prepare at the last minute and make a poor impression on the audience. I recently spoke at an arbitration conference and an arbitrator from one of my cases walked in at the start of my presentation and sat immediately in front of me. Thankfully, I had done my best to prepare for that talk and, hopefully, made a positive impression.

Third, be patient and do not expect overnight success. There is a tendency among some lawyers to expect immediate results from a single lecture, publication or hearing. The most successful individuals in the field have generally had small, incremental achievements over many years that have eventually given rise to a successful career.