Welcome to the inaugural episode of ArbConnect, The Bar Bulletin’s new interview series on international arbitration and dispute resolution. The series is hosted by Divya Kesar, and our first guest is Anneliese Day KC of Fountain Court Chambers.
1. Divya Kesar: Anneliese, you took Silk at 38, and remarkably, at 38 weeks pregnant. How has your career evolved since then?
Anneliese Day KC: I took Silk when I was 38 and 38 weeks pregnant. That certainly wasn’t planned!
Since then, my international arbitration career has really taken off. I started appearing as counsel in jurisdictions including the Middle East, Singapore and Hong Kong, and became increasingly familiar with the Indian market.
I also started sitting as an arbitrator, which I have really enjoyed, although I continue to practise predominantly as counsel.
2. Divya Kesar: What do lawyers most often get wrong when drafting FIDIC contracts?
Anneliese Day KC: They amend the standard contract without fully understanding what they are changing.
You can end up with a strangely drafted dispute resolution procedure. A common example is referring to “the law of Dubai”—is that UAE law or DIFC law?
The key is to understand the standard form before making amendments.
3. Divya Kesar: You have acted both as counsel and arbitrator. What does that tell you about the appointment process?
Anneliese Day KC: Clients often ask, “Will they decide in my favour?” Of course, nobody can guarantee that.
The important thing is matching the arbitrator to the dispute.
It is also important not to go on autopilot. Look beyond the names you already know and consider people who might be a particularly good fit for the dispute.
And don’t forget availability. Can the tribunal actually hear the case and produce the award within the required timeframe?
4. Divya Kesar: Because arbitration is confidential, how can clients really know who is a good arbitrator?
Anneliese Day KC: It is difficult. But you can speak to people who have worked with the arbitrator, and there is nothing wrong with speaking to a potential arbitrator before an appointment.
You cannot ask whether they will decide in your favour, but you can understand their experience and style.
And importantly, you should not judge an arbitrator simply by whether you won or lost. Even if you lose, you can recognise that the arbitrator was fair, well prepared and considered the arguments properly.
5. Divya Kesar: AI is changing the legal profession rapidly. Where do you stand on its use in arbitration?
Anneliese Day KC: I’m actually quite a proponent of AI because I think it can perform a useful checking function.
For example, it can help check whether an award has dealt with the relevant requirements and potentially allow it to be reviewed more quickly.
Where I am more cautious is using AI to summarise submissions. The technology is not yet reliable enough to replace reading the submissions yourself.
There are legitimate uses for AI, but equality of arms is going to be a very important issue. One side may have access to much more sophisticated tools than the other.
6. Divya Kesar:How do you see India’s development as a seat of arbitration compared with Singapore and London?
Anneliese Day KC: India is rapidly developing and has gained a lot of credibility.
The main concern I still hear is enforcement—how quickly an award can actually be enforced in India.
But India is unquestionably an important part of the international arbitration landscape, and there has been a lot of cross-jurisdictional exchange between India, Singapore, London and increasingly Dubai.
7. Divya Kesar:What would India need to do to compete more strongly for international arbitration work?
Anneliese Day KC: Education is important, as is having an efficient process.
If people are coming to India, they need world-class facilities, prompt hearings and awards produced efficiently. And enforcement needs to follow relatively quickly.
Those things, apart from the last one, are very achievable.
8. Divya Kesar:What advice would you give practitioners who want to build an international arbitration practice?
Anneliese Day KC: Get experience in those jurisdictions.
If you cannot do that as a paid practitioner, working as a tribunal secretary can be very valuable. You can also shadow teams, attend hearings and undertake internships.
And talk to people. Connect with them at conferences.
I still do that myself. We don’t have all the answers, and it is important to keep learning from one another.
9. Divya Kesar:How important is it to understand cultural differences in international arbitration?
Anneliese Day KC: Very important.
You need to understand how different legal systems work, how advocacy is approached differently and how different traditions influence the process.
Conferences are useful because they allow you to meet people and understand how different systems operate.
10. Divya Kesar:Where do you see energy and construction arbitration heading over the next five years?
Anneliese Day KC: Geopolitical tensions and sanctions are already shifting work towards Asia.
We will also see disputes relating to force majeure, decarbonisation, offshore wind, solar, battery storage, decommissioning, insolvency and third-party funding.
The disputes are becoming increasingly complex and multi-jurisdictional.
11. Divya Kesar: You have been a strong advocate for gender equality. Is the commercial bar becoming more inclusive?
Anneliese Day KC: Yes and no.
There has been significant progress, particularly in the visibility of women arbitrators. But the ambition has to be that we see women advocates in the highest-profile cases as well.
Women are perfectly capable of arguing really difficult points of law.
We also need to widen the pool generally. The same people should not be appointed all the time. We need new blood, new talent and different approaches.
Bhumika Indulia: I think your point about not going on autopilot when appointing arbitrators is particularly relevant in India. We have traditionally seen a preference for retired judges, but there is a growing conversation around giving younger practitioners and subject-matter experts greater opportunities.
On AI, we are still at a very early stage. If properly developed, perhaps it could eventually assist with processes such as arbitrator appointments and help reduce certain forms of bias.
And on gender diversity, we need to move beyond having one woman on a panel simply to satisfy a diversity requirement. We need women to support and recommend each other so that they are appointed because they are the right people for the role.
Anneliese Day KC: I completely agree.
Supporting each other is very important. When I started, women could sometimes see other women as competition. That has changed, and women are much more supportive now.
If a young woman contacts me, I try to help.
It is also important to make sure people know about good women. Women can be more reticent about promoting themselves, whereas men often promote each other.
Bhumika Indulia: There is also an element of self-doubt among women. We need to create an environment where women feel confident putting themselves forward.
Anneliese Day KC: Absolutely. You also need to be prepared to speak out.
Men are not more intelligent than women. Women are perfectly capable of arguing really difficult points of law.
That is where we are fighting at the moment—to get that credibility.
12. Divya Kesar: Do you think women are still judged differently when it comes to balancing motherhood and careers?
Anneliese Day KC: Absolutely.
When something happens to your children, people somehow think it means you’re a bad mother. People don’t make the same comments about men.
Bhumika Indulia: There is an implied responsibility placed on women for children. I think we need to challenge that and recognise childcare as a shared responsibility.
Anneliese Day KC: My 16-year-old daughter came to a hearing recently, and her friend told me how proud my daughter was of me.
I think there is something important about role-modelling for your children.
Personally, I think if I were at home all the time, I’d be so bored. I’d be the worst mother ever! I actually think having a career makes me a better mother.
I just wish people didn’t judge women in that way.