Editors’ Note: As part of the HILJ-HIALSA Collaboration on International Arbitration, HIALSA staff interviewed a series of eminent international arbitration practitioners about their experiences in the field and their approaches to international law. The following interview with Professor Alfredo Bullard is the first in this collection.
“Art, in various forms, contributes significantly to a lawyer’s life. It enhances performance, encourages creative thinking, and, most importantly, allows for a deeper connection with the narratives inherent in legal cases. It helps us to be much better lawyers.”
Professor Bullard*Professor Alfredo Bullard is the founding partner of Bullard Falla Ezcurra+ (2000) and the partner in charge of the Madrid office. He is a member of the Court of the London Court of International Arbitration and a former member of the International Chamber of Commerce Court of Arbitration. Professor Bullard has appeared as either arbitrator, counsel, or legal expert in more than 300 international arbitrations, and was President of the commission that drafted the Peruvian Arbitration Law. He is also a Professor of Law at Pontificia Universidad Católica del Perú and has written and taught on issues in international arbitration around the world. Professor Bullard holds a law degree from Pontificia Universidad Católica del Perú and a LL.M. from Yale Law School.
HIALSA: Let’s begin by exploring your professional journey into law. How did you become passionate about law? Were there specific mentors who played a pivotal role in shaping your career?
Prof. Bullard: Law wasn’t my initial passion. When I encountered law in vocational tests, I emphatically declared that it was the last thing I’d pursue. My initial aspiration was to study literature and to become a writer. It was my father who, with pragmatic wisdom, convinced me that writers don’t necessarily study literature and that becoming a lawyer will allow me to traverse diverse domains. As I delved into law, my initial perceptions transformed. The rigid formality I once perceived gave way to an appreciation for its interdisciplinary facets and its ability to connect various disciplines.
HIALSA: Transitioning to arbitration, how did your interest in this field unfold?
Prof. Bullard: It’s a story similar to the one that explains why I became a lawyer. Initially, arbitration didn’t capture my interest. In fact, during my law studies, it seemed nonexistent, almost like science fiction. My perspective underwent a significant shift thanks to my colleague, Fernando Cantuarias. He pursued his LL.M. at Yale before me and strongly recommended that I take Professor Michael Reisman’s class on International Arbitration. Despite not listening to his suggestion, I became passionate about arbitration after witnessing Professor Cantuarias’ unwavering dedication to the field. I collaborated with him on Peru’s second Arbitration Law and took advantage of some of the things he knew. As I delved into it, I discovered that I enjoyed arbitration because it allowed me to understand the practical problems behind each case and to delve into other areas of law. Consequently, in the realm of arbitration, I assumed roles as both a litigant and an arbitrator.
HIALSA: You have a diverse professional and academic background as a professor, lawyer, and arbitrator. Do you find one role more personally fulfilling than the others?
Prof. Bullard: All of these roles mutually enrich each other, offering unique perspectives. If compelled to choose, my preference would lean towards my role as a professor. Teaching is not just a professional endeavor for me; it is a natural calling. Our firm has a distinctive approach, seamlessly integrating academic activities into our professional practices. This commitment involves turning academic endeavors into professionally viable ventures. I firmly believe that teaching is a reciprocal process, imparting knowledge to students while enhancing my own understanding of legal concepts.
HIALSA: At the end of 2022, Bullard Falla Ezcurra + opened its offices in Madrid. Could you share insights into the journey, and your vision for the future of the firm?
Prof. Bullard: The decision to establish our own law firm was driven by a desire to break away from the conventional firm structure. While my previous experiences in other firms provided valuable lessons, I was attracted to a model that allowed for greater flexibility and innovation. The journey involved navigating challenges associated with unconventional approaches in a field often characterized by rigidity.
Our firm offers distinctive interdisciplinary approaches, with a mission centered around creating a professional environment that seamlessly integrates scholarly pursuits. We have consciously invested in initiatives that some firms might deem unconventional, such as staging plays or writing books. The goal is to transform the legal profession into more than just a career but also a source of fulfillment and happiness for our team.
Looking to the future, we anticipate our firm’s continued growth and international presence, providing services that compete with those offered by international firms. This vision led us to establish a presence in Madrid, competing in a more open market with clients not necessarily tied to Peru or Spain. We position ourselves as smaller competitors to large North American or European firms, offering advantages such as our emphasis on interdisciplinary approaches.
HIALSA: We have heard of your passion for travel and theater. How do these personal passions contribute to both your personal and professional life?
Prof. Bullard: Traveling is more than a leisure activity for me; it serves as a source of diverse perspectives that enrich both personal and professional aspects. My recent visit to Africa not only altered my perception of nature but also challenged preconceived notions. Similarly, travel experiences in Singapore and Cambodia left a lasting impact. Living in Europe has further provided an immersive experience in rich cultural diversity. Thus, exposing myself to different legal systems and cultures during my travels has been invaluable and has complimented my work with a deep appreciation for diverse perspectives.
In my professional life, integrating art, particularly theater techniques, into legal education has been particularly rewarding. For instance, I collaborate with theater directors while preparing my students for arbitration moot court competitions. Law has also allowed me to write plays, such as “El Monstruo de Armendariz,” a play about a murder case and “La Apelación de Shylock”, a continuation of “The Merchant of Venice,” co-written with Professor Giovanni Priori. Currently, I’m working on another play called “El Señor de los Milagros” based on a real trial.
I truly believe that art, in various forms, contributes significantly to a lawyer’s life. It enhances performance, encourages creative thinking, and, most importantly, allows for a deeper connection with the narratives inherent in legal cases. It helps us to be much better lawyers.
HIALSA: In your view, what are the most pressing challenges currently facing lawyers and the legal profession?
Prof. Bullard: I believe a technological revolution is imminent, and only a select few lawyers will navigate it successfully. The world is changing rapidly, prompting a critical examination and swift modification of the decision-making processes.
It’s not just a question of whether advancements like artificial intelligence, new technologies, communication methods, or data processing systems will entail substantial change. Instead, I see it as a paradigm shift. As I discussed in a recent conference, we’re not merely asking if artificial intelligence will replace arbitrators; it will redefine the work we traditionally did through arbitration. The resolution of disputes will take a different form and adapting to this change will be a significant challenge.
HIALSA: Do you have any important advice for students starting law school or those pursuing graduate-level studies in law?
Prof. Bullard: Approach the study of law by maintaining a certain separation from it. While lawyers often develop a profound attachment to the law, it’s crucial to recognize its relativity and evolving nature. The essence of a proficient lawyer lies not only in their knowledge of the law but in understanding that law is a system regulating behaviors, with different competing rules. A skilled lawyer excels in reading, explaining, and understanding the law to achieve broader objectives—ensuring justice, making their client successful, and more.
A notable example is arbitration, the fastest-growing dispute resolution system. Its detachment from strict legal norms is evident in a study by the ICC, revealing that only 33% of awards issued under ICC rules cited relevant applicable law. In 70% of cases, the focus was on interpreting the contract itself. This shift underscores the importance of understanding contracts, which appears to be more crucial than a deep knowledge of the governing law.
HIALSA: If you had to identify an essential characteristic of a good lawyer, what would it be?
Prof. Bullard: Empathy. This characteristic emerges as a fundamental pillar for a lawyer and is rarely found in legal professionals. Understanding different perspectives is essential to achieve persuasion and make narratives relatable. Being empathetic with the other party contributes to increased persuasiveness because the court understands that you are trying to collaborate and contribute to resolving the dispute.
Empathy operates at every level—whether as a boss, witness, expert witness, lawyer, litigator, or arbitrator. Placing oneself in the other’s shoes makes a lot of sense because the essence of the law is nothing else than regulating human conduct.