An Arbitrator’s Improbable Journey or: how learned to embrace the scenic route and stopped worrying
How Rodolfo C Rivas FCIArb ended up with a career that far exceeded his youthful expectations
This story was originally published in the Winter 2024 issue of The Resolver, the Chartered Institute of Arbitrators (CIArb) Magazine.
As a professional, I wear many hats: law professor, podcaster, chief of staff, legal counsel, and arbitrator. I would not have imagined such a diverse career when I began law school. However, when I decided to become a lawyer in Mexico, the main appeal was the potential to pursue a diverse professional path. Even back then, the only constant I clearly envisioned being a substantive part of my profession, perhaps a misplaced hubris of youth, was becoming an arbitrator. The main reason for its appeal was that it appeared to be the most sensible way for a lawyer to have an International career, which in my mind meant living and working abroad, dealing with cross-border matters, learning from different legal traditions, meeting people from all over the world and acquiring and hopefully perfecting new skills beyond the law. My professional career, within the realm of arbitration, has delivered all of these and then some, lest not in the way I imagined. Despite the challenges, the fulfillment I’ve found in this diverse career path has far exceeded my expectations. This journey has taught me the importance of lifelong learning, adapting to changes, and how all experiences can make you a better professional. But don’t just take my word for it; please allow me to explain.
The first time I came into contact with arbitration was in Labour Law. This was also my first professional experience in the legal field. One of my professors, who is still a good friend, invited me to work with him at his law firm. I was splitting my time between studying and working, which was an enriching experience since I would see in real-time what we were learning in law school. Back then, the authority in charge of settling labour disputes was the ‘Juntas de Concialiacion y Arbitraje’ (roughly translating to ‘conciliation and arbitration board’). Although it had arbitration in the name, likely because its primary objective was to impart justice while promoting and ensuring social peace and harmony in labour relations, it was not a typical arbitration body. Nevertheless, it significantly influenced my early understanding of dispute resolution. In addition, perhaps more importantly, they were autonomous from the Mexican Judicial branch, which could explain why they were labeled arbitration.
As a labor law trainee, I unexpectedly found myself advising a local football team on labour matters, an experience that fascinated me. Around the same time, I stumbled upon the Court of Arbitration for Sport (CAS), an international body based in Lausanne, Switzerland, established to settle sports-related disputes through arbitration. This discovery opened up a potential path as an International arbitrator, even if I didn’t know precisely how. Despite having a clear direction for my career, I found myself taking the scenic route, but as Aerosmith’s Steven Tyler once sang, ‘life is a journey, not a destination’.
As Aerosmith’s Steven Tyler once sang:
“Life is a journey, not a destination”
I figured I should contact domestic arbitration service providers for guidance and ways to be more involved. Their unanimous advice was for me to gain more experience and academic specialization. That became the next step, but I vowed to integrate my enduring passion for film into my professional life if I pursued specialization. My way of doing so was through studies in Intellectual Property and Art Law, with the idea of covering a larger swath of the Sports & Entertainment dispute settlement arena. This led me to Alicante, where I earned the Magister Lvcentivs title on Intellectual Property and began my international journey. Throughout my studies, I maintained contact with the domestic arbitration service providers, and whenever I was in Mexico, I made it a point to visit them. This dedication eventually led to my first experience as an arbitrator in domestic arbitrations.
My recruitment by the World Intellectual Property Organization’s (WIPO) Arbitration and Mediation Centre was a turning point in my career. This experience allowed me to delve deeper into intellectual property arbitration and make significant personal and professional connections that remain a vital part of my life. I focused primarily on domain name disputes, a rapidly growing area of dispute resolution, and gained first-hand experience in international intellectual property arbitrations. Years later, because of this experience, I was appointed as a domain name panelist for almost all the approved domain name dispute resolution services providers. Serving as an adjudicator of domain name disputes, I honed my skills with a steady diet of cases with various levels of complexity.
During my time at WIPO, I witnessed first-hand many international arbitrations, and I quickly learned that I would need to complement my Civil Law background with solid Common Law credentials to get my foot in the door as an arbitrator. This led me to Stanford Law School, where I studied various subjects, including Intellectual Property, Art Law, and Mediation, and polished my drafting skills. After this, my professional career took a detour, or so I thought, as I got neck-deep into International Trade Law and the World Trade Organization (WTO). The WTO, an international organization dealing with the rules of trade between nations, provided a unique opportunity to work hands-on on several disputes, sharpen my skills in ADR, and broaden my skills in diplomacy, negotiation, and policy advice. My tenure at the WTO’s Appellate Body Secretariat was a period of unique opportunities. I administered disputes and later became part of the teams representing two different States in various disputes. These experiences are amongst the proudest of my career. I had the privilege to represent my country and later the country of my employer. I also had the chance to work with the most professional and knowledgeable team I have ever been a part of at the Appellate Body. I consider myself fortunate for these unique opportunities, which significantly contributed to my professional growth and adaptability.
I now serve as Chief of Staff at the Mission of Israel to the WTO. Alongside my day-to-day responsibilities, I have been steadily developing my practice as an arbitrator, just as I envisioned starting my career. I have been included in the selective list of WTO Panelists to hear disputes, I’ve adjudicated over 250 domain names, I’ve taught International dispute settlement at my alma mater, Universidad Panamericana in Mexico, I’ve been included in the CAS Pro Bono Counsel list (with a view to becoming a CAS Arbitrator), and I’ve served as an arbitrator when requested. Even after this, various experienced arbitrators kept recommending that I get involved with the Chartered Institute of Arbitrators and, if possible, become a Fellow (FCIArb). They described it as a valuable community that would provide opportunities to keep up-to-date with the latest developments, perfect skills, meet and network with practitioners, and provide a valuable industry qualification that could open doors. I acted on their advice, and after a few years, I became a Fellow, and in my experience so far, they were one hundred percent right! In parallel, I obtained an MBA degree, which I recommend in a heartbeat to all lawyers, as it provided valuable lessons on managing my career and exemplifies my holistic learning approach, which I won’t stop advocating for. The MBA has been instrumental in shaping my career and reinforcing the importance of continuous learning. Through all these experiences, I am constantly seeking to develop my skills further and work towards my original goal of becoming a CAS Arbitrator. I recently submitted my application and am eagerly awaiting the outcome!
One of the latest projects in my day-to-day work is reviewing the dispute settlement mechanism at the WTO. I have been working my whole career towards this moment as if it were the synthesis of my career. This review addresses the ongoing stalemate in the appointments of Appellate Body Members. Our aim is to ensure a more accessible, effective, and efficient dispute settlement mechanism. All the lawyers representing their respective States are putting their skills and experience to the test in the service of the Multilateral Trading System. I am hopeful that our collective efforts will lead to a successful outcome soon, which will significantly impact the field of International law and trade through an improved mechanism for resolving complex disputes. In the process, we are developing and implementing best practices at one of the most important bodies in international dispute settlement.
This journey has taught me
the importance of lifelong
learning, adapting to changes
and how all experiences
can make you a better
professional
My career as an Arbitrator has been a fascinating journey that has taken me around the world, allowed me to work on impactful matters and challenged me daily. If you had told me in law school that this was where my career would lead, I would have found it hard to believe simply because it seemed improbable. Yet, if you were to talk to 100,000 arbitrators, you would likely hear 100,000 different paths. Taking the scenic route, with its unexpected turns and surprising destinations, is the only way for an Arbitrator. As Steve Jobs said, “You have to trust that the dots will somehow connect in your future”. Embracing the unexpected is not just a part of the journey, it’s a necessity for success in this field. It’s about being prepared, resilient, and open-minded in the face of the unknown, and it’s a lesson that I’ve learned and embraced throughout my career.
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About the author: Rodolfo C Rivas FCIArb is an arbitrator and domain name panellist expert in legal advice, negotiation, public policy and government relations with more than 20 years of international experience in the private and public sectors. He is an associate professor of law on international economic law and a regular speaker on IP, policy, trade and
dispute settlement.
Rivas is a top 10% SSRN author with 48 articles and 17,800 downloads, and the creator, producer and host of The Rodolfo Rivas Project podcast, ranked in the top 10% worldwide and currently in its sixth season with over
560,000 downloads.
Rodolfo Rivas holds an LLB degree from Universidad Panamericana in Mexico, an LLM from Universitat d’Alacant, an LLM from Stanford Law
School and an MBA from the University of London.
