Written by Evanna Fruithof, Gordon Nardell KC, Paul McGarry SC & Síofra Collins
On 11 June the European Circuit had the honour and pleasure of co-hosting, with the Balie Brussel (the Dutch speaking Order of the Brussels Bar – “the Balie”), a lively and stimulating afternoon seminar on cross border career opportunities and how best to take them, particularly from the perspective of young practitioners; as well as two further panels, each focusing on an a growth area of practice: sanctions and sports law.
This was the Circuit’s third formal event hosted in the Capital of Europe, having famously held its inaugural conference there way back in 2003. Taking place in the elegant and historic setting of the Universitaire Sichting near the Royal Palace in central Brussels (we learned that no less a figure than Marie Curie would have recognised our surroundings) the event began with warm words of welcome from Frank Judo, Stafhouder (President) of the Balie, and Evanna Fruithof the longstanding Consultant Director of the Bar Council’s Brussels Office, who spoke on behalf of the Circuit – and who also addressed our 2003 inaugural conference. We are most grateful to Frank and to the members of his Cabinet for their excellent collaboration and contributions, both in the run-up to the event and on the day itself.
The topical subject matter, combined with the high calibre speakers, attracted an eclectic and enthusiastic audience, largely drawn from the Dutch and French speaking Brussels Bars, as well as some law students enrolled at local universities.
Sanctions
The day’s first panel covered the fast-moving area of sanctions. Dorothée Vermeiren of Clifford Chance in Brussels, Julie Goffin of Belgian firm Dadewolf and Barrister Ali Al-Karim were moderated by Gordon Nardell KC, with the discussion focusing on the impact of legislation and litigation in this area on the wider development of the EU’s internal legal order and external relations.
Looming large was Advocate General Biondi’s recent Opinion in Case C-802/24 Reibel, which examines the effect of the “no claims” provision in Regulation 833/2014 on arbitrability and arbitrator responsibility. That straddles questions of substantive effect of EU sanctions on commercial claims and procedural questions about the conduct of dispute resolution.
The panel discussed the impact of these and other developments (such as the Wintershall and Google cases) on EU public policy, party autonomy and the development of novel (for some jurisdictions) judicial remedies such as anti-suit and anti-enforcement injunctions. The panel also looked at the implications for the proportionality doctrine generally – and the protection of fundamental rights in particular – of cross-border developments in de-listing, in the wake of recent jurisprudence of the EU General Court and UK Supreme Court.
The panel noted that an undercurrent linking all these issues is the growing prospect of “temporary” measures such as sanctions becoming permanent, with significant and long-term effects on wide areas of the EU legal landscape. Huge thanks to all our panellists and to our engaged audience.
Sports Law
The panel on sports law was fascinating in and of itself. In a week that coincided with the commencement of the World Cup, and given the expertise of the panel, it is no surprise that football was a key focus. Professor Catherine Barnard treated the audience to a brilliant summary of the effects of the Bosman ruling after 30 years. Benoît Keane spoke about a number of recent developments in the overlap between sport and EU law, including some recent cases before the CJEU. James Ogilvie talked about the importance of governance for sports bodies. Finally, Antoine de Spiegeleir gave an overview of the risks of greenwashing by some global sports bodies, and referenced his work looking at the behaviour of FIFA.
Showcasing Young Practitioners and Practising Cross-borders
The final panel’s aim was ambitious: to encourage young practitioners to pursue cross-border careers by providing concrete solutions to the challenges that pursuing one might pose. There is no denying that we live in difficult times and that the world is plagued with many problems. However, such statements go nowhere in encouraging the next generation of lawyers to pursue outward-looking, cross-border careers. As we heard from Dr Alexandra von Westernhagen (Keystone Law) when discussing her work with GAIL, lawyers practising in international fields play a fundamental role in protecting and safeguarding the rule of law. It is thus more important than ever to encourage the pursuit of these careers amongst young practitioners.
The panel was composed of lawyers who have each taken different paths to arrive at a similar result: stellar careers specialising in cross-border issues. Síofra Collins (CJEU), who chaired the panel, set out three topics for discussion: the day-to-day of a cross-border practice, the challenges that arise and practical advice for young practitioners. Each panellist introduced themselves, gave a flavour of their daily work, and outlined the steps they took to get to where they are today.
Professor Daniel Sarmiento (EU Law Live, EUnity Legal) spoke about the challenges and the opportunities that arise in developing an international practice from Madrid, as opposed to a city such as Brussels. He was clear that building such a practice is no easy task, and encouraged young practitioners to be aware of which areas of law may be likely to provide opportunities for future work.
Adrian Berry KC (Garden Court Chambers) discussed how our inter-connected world allows us to work from anywhere – which allows for myriad opportunities to work in cross-border spheres. Nevertheless, he encouraged any young lawyer to first find their footing in their national legal system.
The panel discussion moved on to a whistle-stop tour of the issues of the modern world: the rule of law, Brexit, AI and a highly competitive job market. The topic that provoked the most interest was, unsurprisingly, the use of AI. Panellists discussed how they have been availing of it to increase productivity in their own practices, while acknowledging that it may prevent young lawyers from being given the chance to do tasks that may be handed over to AI.
Nicolas Vermeulen (Linklaters LLP Brussels) gave particular insight into the threats posed by AI, but also indicated possible paths forward. While panellists caveated remarks by acknowledging how quickly things move in relation to AI, they discussed how changes to billing (moving away from the billable hour) and other solutions may be introduced to preserve the young practitioner’s opportunity to partake in the tasks that, although sometimes gruelling, allow them to learn.
The panel rounded off with a few final words of advice to young practitioners. Pierce O’Meara (Gide Loyrette Nouel) was particularly motivating and encouraged young practitioners to not shy away from putting themselves out there in order to stand out in the competitive job market.
