Question 1

How do you handle client communication as a co-counsel?

Accepted Answer

Absolute respect for the lead counsel’s role. I can be named as co-counsel and co-examine witnesses at the hearing. The communication boundary is set entirely by you.

Question 2

Can you support us on a discrete phase of an arbitration?

Accepted Answer

Yes. I am frequently brought in to handle highly specific, discrete phases of a dispute. This includes drafting the initial ISDS trigger letter, defeating a specific jurisdictional objection, navigating a partial annulment/set-aside, or structuring a strategy for US federal court enforcement.

Question 3

How does your technology stack benefit our firm?

Accepted Answer

Through One Joule, my legal technology lab, I utilize advanced digital tools for case management, timeline building, and document review. This allows me to integrate into your workflow efficiently, accelerating our shared output without adding the overhead costs of a traditional law firm.

Question 4

At what stage should lead counsel bring in ISDS co-counsel?

Accepted Answer

Ideally, before the first step that could affect jurisdiction or admissibility. Early advice can identify the applicable treaty, verify ownership and control, shape the notice of dispute, assess cooling-off and limitation periods, and evaluate whether local proceedings could trigger a fork-in-the-road, waiver, or election-of-forum provision. By the memorial stage, many of those choices have already been made. A focused assessment at the outset is often the highest-value point of entry, even if the broader engagement begins later.

Question 5

How do you handle conflicts and independence checks?

Accepted Answer

I obtain the information needed for a conflicts check before any substantive or confidential discussion. The check covers current and former clients, prior engagements, adverse parties, relevant affiliates, and any personal or financial interest that could affect the representation. A limited scope may avoid some potential conflicts, but it does not cure every conflict; where the applicable rules permit consent, each affected client must decide after appropriate disclosure. I confirm clearance and any necessary limitations or consents in writing. Because my practice is independent, the check is not expanded by unrelated lawyers' matters within a larger partnership, although my own current and former engagements remain fully subject to the applicable professional rules.

Question 6

Do you act on the respondent side?

Accepted Answer

Yes. I have acted for a respondent State in an ICSID Additional Facility arbitration, subject to the confidentiality applicable to that engagement. Respondent-side experience helps identify how States frame objections to jurisdiction, admissibility, causation, and quantum and can therefore strengthen claimant-side strategy as well. For firms seeking balanced coverage, that experience can be a reason to involve specialist co-counsel.

Question 7

How do you approach fees for a discrete-phase engagement?

Accepted Answer

Scope comes first. A defined phase—such as preparing a notice of dispute, responding to a jurisdictional objection, or drafting a funding memorandum—often lends itself to a fixed fee tied to identified deliverables, assumptions, and revision rounds. Longer engagements can use blended rates, capped phases, or, where the applicable professional rules permit, a contingent element documented in an appropriate written agreement. I can also work within an agreed funder budget, provided that the client approves the arrangement and counsel's independence and duties to the client remain unaffected.

Strategic ISDS Co-Counsel for Law Firms

The special counsel advantage

How I Integrate Into Your Team

Jurisdictional & Merits Strategy

Targeted Drafting

Evidentiary & Cultural Translation

Third-Party Funding Assistance

Frequently asked questions

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