FAI Insights with Andrea Meier

Congratulations on your recent election as ASA President. What do you see as ASA’s key priorities and areas of emphasis during your term?

Thank you. It is an honour to serve ASA as its President.

In the years ahead, ASA will remain committed to promoting the development of arbitration in Switzerland and internationally. Shaping policy in international arbitration and ensuring that arbitration remains fit for purpose has long been a central priority of ASA and will remain so. Arbitration is not an end in itself, but a means to an end—namely, the fair and efficient resolution of disputes. For this reason, ASA has consistently worked closely with in‑house counsel and company representatives to address practical concerns and to foster initiatives that reinforce arbitration’s position as a preferred dispute resolution mechanism, particularly in international contexts.

We will pursue this mission while embracing a broader view of dispute resolution. When parties consider how best to resolve their disputes, they assess the process as a whole: which dispute resolution mechanisms are available, how can they be combined, and which law should govern their dispute. ASA seeks to support parties from all these angles. This includes assisting parties in making informed choices regarding the applicable law, tailored to the needs of different industries. Parties should be aware of the choice of law options available to them, and ASA will collaborate with other associations and institutions across jurisdictions to provide such guidance through workshops, seminars, and interactive forums.

At the same time, ASA will expand its engagement beyond arbitration to encompass other forms of alternative dispute resolution, such as mediation and expert determination. The specific circumstances of each case determine the most appropriate dispute resolution mechanism and arbitration is often combined with other forms of dispute resolution. ASA aims to ensure that parties and counsel are familiar with the selection of dispute resolution methods available and can make the best choice for their cases. We seek to invest know-how and resources into further developing these alternative dispute resolution methods and have established a dedicated sub‑group tasked with developing and supporting ADR initiatives.

Finally, it is worth stressing that ASA has always maintained a strong global reach and outlook. To further strengthen this global approach, we will continue to expand our network of ASA ambassadors around the world. These ambassadors serve as vital links between local business and legal communities and ASA, enabling us to remain closely connected across geographical boundaries.

ASA has long served as a key meeting point for practitioners from many jurisdictions and backgrounds. What do you think makes it particularly attractive to its members and to the wider arbitration community today?

ASA offers a truly global platform that brings together both users of arbitration and arbitration practitioners from a wide range of jurisdictions. As an association that is not tied to any specific arbitral institution, ASA enjoys the freedom to choose its cooperation partners independently. To name one example, we have cooperated with UNCITRAL in developing the ASA Toolbox—an interactive platform that provides guidance throughout the arbitral process and offers templates available for free download.

Another example of ASA’s collaborative approach is the ASA Arbitration Retreat, which takes place twice a year in different locations around the world and is always co‑hosted with a partner from the respective region. This reflects the underlying philosophy of the Retreat: it is about exchanging views, learning from one another, and fostering dialogue, rather than promoting a single perspective. If I may spill the beans – we have an Arbitration Retreat coming up with the FAI that will take place in Lapland in wintertime and it is going to be a truly one-of-a-kind experience!

There are numerous ways for arbitration practitioners to become involved in ASA and to join its global network, and I strongly encourage active participation. ASA is open to everyone who wishes to contribute, and there are many opportunities to do so. These include the Swiss Arbitration Summit held each January, which features our flagship conference alongside numerous additional events encouraging engagement, as well as ASA local groups and sector groups that facilitate exchanges of ideas in particularly interactive settings.

Finally, in‑house counsel who are interested in actively shaping the arbitration process are strongly encouraged to engage with ASA’s User Council. Composed of both civil law and common law practitioners, the User Council offers a unique forum for dialogue across industries and legal traditions.

Drawing on your experience as counsel and arbitrator in more than one hundred international cases, what are some of the challenges that arbitration practitioners face today, and how can associations like ASA help the community navigate them?

One of the most significant challenges arises from the increasing complexity of arbitration proceedings. Arbitral tribunals are often confronted with vast volumes of documents and expert reports. While counsel teams may grow in size, arbitral tribunals continue to be composed of three members. This imbalance can make it difficult for tribunals to fully digest the material presented and to identify the issues that truly matter.

Addressing this challenge requires strong leadership from arbitral tribunals and robust procedural frameworks that prevent proceedings from being overwhelmed by sheer volume. ASA, together with its User Council, is committed to working with the arbitration community to ensure that arbitration remains capable of delivering fair and efficient dispute resolution in this increasingly complex environment. One recent initiative in this regard is the ASA User Council’s white paper on document production, which seeks to rethink and improve current practices of document production in international arbitration.

Another growing challenge is the rise in attacks directed at arbitrators. When proceedings do not unfold as a party had hoped, attempts may be made to challenge or remove individual arbitrators or even entire tribunals, or to simply derail the proceedings. This underscores the need for strong, independent arbitrators and procedures capable of withstanding such pressure. From ASA’s perspective, it is thus key to keep contributing to the training and formation of arbitration practitioners who stand up for the integrity of the arbitral process.

In a period marked by global instability and geopolitical shifts, the arbitration community has a unique opportunity to reaffirm arbitration’s role as a means of peaceful dispute resolution. This depends fundamentally on trust in the process. As a global platform, ASA is committed to fostering this trust, building bridges, and enabling parties to maintain dialogue even in challenging circumstances.

Collaboration across the arbitration community takes many forms – between practitioners, associations, and institutions. How can cooperation between organisations such as ASA and the FAI best serve the arbitration community?

I firmly believe in genuine cooperation, which requires dialogue and active listening. By learning from one another and sharing experiences, organisations can work together towards the common goal of continuously improving the arbitration process. Such dialogue enables the development of best practices while remaining sensitive to cultural differences.

One of arbitration’s great strengths is its exposure to diverse legal traditions and cultural approaches. This diversity should encourage us to continually reassess what we consider to be best practice. As challenges evolve, for example with the rise of artificial intelligence, so too must our responses. If associations and institutions operate in isolation, that task becomes much more difficult. By working together, however, I am confident that the arbitration community can successfully meet these challenges.

Finally, on a more personal note, in your various roles within the arbitration community, what do you find most rewarding about engaging with colleagues and peers around the world?

What I find most rewarding is the intercultural exchange. It encourages openness of mind and challenges preconceived views. I find it particularly enriching to discuss legal and strategic considerations with counsel from other jurisdictions and to discover the variety of approaches that exist. I also greatly enjoy comparing different legal systems and exploring how and why they differ.

This constant exchange is a privilege. I strongly believe that global friendships are a cornerstone of global peace—we tend to fear what we do not know, so let us make the effort to know one another.