Reading Time: 12 minutes
Publication Date: 4 May 2023
INTERVIEW WITH
Felipe Volio Soley
Hometown: San José, Costa Rica
Current Location: Frankfurt am Main, Germany
Current Position: Foreign Associate at Busse Disputes
Table of Contents
Education
Arbroad: Felipe, thank you for agreeing to have an interview with us. This interview is a Vis Moot special, so we are going to talk a lot about mooting, while our special topic for today is coaching. Let us start with your university education. You obtained your undergraduate degree from the University of Costa Rica. Could you share with us two things that are most memorable about your undergrad?
Felipe: Thank you for having me here. So yes, as background, when the time came for me to pursue law, I was granted with a merit-based scholarship to attend the University of Costa Rica, the best national university. At the time, I faced a crossroad of where to study. Since a young age, I dreamt of learning about foreign cultures abroad. I opted however to learn about my home country’s legal framework first. In Costa Rica, I started working part-time as a paralegal from my first day of law school when I was 18 years old. My legal studies at the University of Costa Rica lasted for six years (including my exchange year in Passau, Germany).
Something that is quite memorable is that we started classes every day very early in the morning. In Costa Rica, the sun usually rises around 5:30 am. I woke up around that time to attend classes from 7am-1pm and then started my part-time job at a law firm until late in the evening. I had to study at night, and deal with traffic in San José. Despite this intense schedule, I enjoyed what I did. I knew that I had chosen the right career.
Another remarkable aspect is that the University of Costa Rica has a very social focus. Students are required to work for a year at a legal clinic to assist marginal communities on family law and civil law issues. I could appear before local courts and learn about a myriad of social problems. On top of that, students have to complete 300 hours of community service and defend a thesis, on which I wrote more than 220 pages about third-party funding and security for costs.
The University of Costa Rica is Costa Rica’s largest university and is one of the most prestigious universities in Latin America. [Laura Rodriguez, Universidad de Costa Rica, Estudios Generales, CC BY 4.0]
Arbroad: Now the elephant in this interview: could you tell us how you got on the Vis Moot team of the University of Costa Rica?
Felipe: At the time, I was a Research Assistant for Professor Sobrado (who served since 1999 as Chief Justice of the Presidential Electoral Tribunal) and was involved in other projects with the Council of Europe in Strasbourg, so I was hesitant to engage in additional extracurricular projects. I was however persuaded by a great community of Costa Rican Vis Moot alumni.
While I was competing in Vienna with the University of Costa Rica, my eyes opened to the international arbitration community, and I grasped a completely different picture of the law, and of how many great opportunities there are out there in the field.
Felipe, together with José Pablo Quiros, representing the University of Costa Rica in the 22nd Vis Moot in Vienna.
Arbroad: Then you also spent a year on an exchange program in Germany, at the University of Passau. Before the interview, you told us that you decided to do this exchange specifically because of the Vis Moot. How did this happen?
Felipe: My first Vis Moot team did not advance to the round of 64 despite our hard work. As I like to think about failure as a trampoline, I wanted to try the Moot experience again, but with a different approach. I knew that if I wanted to compete with the top universities in the Vis Moot, I had to dedicate my full attention to it, and find other team members whose number one priority would be the Moot. I knew that discipline, time, structure, hard-work, and order were essential qualities in the team. Why not to try it in Germany then?
This new goal motivated me to enrol in German courses and apply for an exchange year with a partner university. After a competitive selection process, I obtained a scholarship at the University of Passau and surpassed the goal that I originally dreamed of. I then coached German students at the University of Passau to retribute the great experience I had. After Passau, I voluntarily coached six Costa Rican students by following the approach that I learned in Germany. The Costa Rican students achieved the best result that a Central American team had ever reached at the time. I am very glad that I did not give up after not qualifying the first time.
Passau City view.
Arbroad: Your record in the Vis Moot, both as a team member and a coach, is the one to dream of. In the 24th edition of the Moot, you were ranked 3rd in the general rounds and also got honorable mentions for your memoranda with the team of the University of Passau. As a coach, you also helped both of your teams – University of Passau in the 25th Vis Moot and the University of Costa Rica in the 26th Vis Moot – to get to the advanced rounds and receive honorable mentions for written submissions. If you could name three key aspects for the team to succeed, what would these be?
Felipe: Teamwork, coordination, and communication.
In my opinion, teamwork is the most important aspect of the Moot, especially if a team wants to go by far. I think that it is key for a team to have a common goal from the outset. Mooties may have different goals in relation to the Moot. While some of them may be really motivated to advance in the competition and cut out external commitments, others may be mainly looking for the social experience, which is another valuable aspect of the Moot. I thus think that it is really important that the team is aligned from the beginning in having a common goal/plan and rules. Otherwise, the unmatching expectations will inevitably cause problems later. I think that it is thus very good to be very clear and honest from the beginning with everyone involved. Team and individual goals may also evolve, so it is important to follow-up on the common expectations. In sum, the Moot is not about one person, but about the team.
As for the second aspect of coordination, I think that a procedural and substantive clear-cut separation within a team does not enhance teamwork and may eventually lead to the formation of two different sub-teams. In my view, it is important that the merits mooties review the procedural drafts regularly, and vice versa. By doing so, the mooties can give feedback to each other, and obtain a deeper and comprehensive knowledge of the issues/record. This aspect will be key for the oral phase.
The third aspect that I consider essential relates to communication skills. I think that mooties should understand that their pleadings and memoranda are not about them, but about the arbitrators evaluating their arguments. Instead of focusing on saying everything they know, mooties may want to focus on conveying the key information that is most likely to convince the arbitrators on the arguments they are defending. Pleading requires a lot of flexibility, practice, perseverance, and persuasion. For this, structure is essential. “Tell me what you’re going to tell me; tell me; and then tell me what you just told me”. It should be very clear from the outset what the argument is going to look like, so that the arbitrator knows exactly what the mootie will argue. Storytelling is also very important for communicating ideas effectively. I see this in my every-day job at Busse Disputes.
University of Passau’s moot court team for the 24th Vis Moot, after submitting the Memorandum for Claimant. From left to right: Pauline Leven, Alexei Fries, Maximilian Zrenner, Felipe, and Niklas Fröhlich.
Arbroad: As you told us, you had your first Vis Moot when you were just a second-year student. However, we know that the teams may include senior or even Master students on some occasions. In your view, is it better to start doing Vis earlier than later?
Felipe: It depends. If I am the person selecting the team, I would not automatically exclude anyone because they are underqualified or overqualified. I think that it is important to have a balance and to have both younger and older mooties in the team. On the other hand, if I could go back in time, I think that one of the main things that helped me to get into the field of international arbitration was the fact that I started very early in my career a decade ago. So I think that getting involved from an early point did help me.
Career
Arbroad: We’ve just talked about your Vis Moot experience, and now we would like to ask your opinion — is the Vis Moot still the driving force of the careers of young arbitration lawyers, or is it different now, considering that the supply seems to surpass the demand?
Felipe: Well, I do not have the statistics at hand. From my experience, I have seen that many (young) lawyers did get originally involved in the arbitration field because of the Vis Moot. However, I’ve also met many arbitration lawyers who never had such experiences.
Arbroad: Now we would like to connect that to your experience: how did the Vis Moot help you secure internships in the field of international arbitration and your current position?
Felipe: It helped me discover my passion for international arbitration.
Arbroad: Earlier, you mentioned that you worked as a paralegal and then as an associate at a law firm in Costa Rica. Then you interned at the HKIAC and at a law firm in London. Right now, you’re a foreign associate at a law firm in Frankfurt. Was this path something that was planned from the very beginning, or was it something that happened just by chance?
Felipe: One thing led to the other.
For example, I was supposed to go just for a three-month internship to WilmerHale’s office in London, but the COVID-19 outbreak hit London. In mid-March, the United Kingdom closed its borders. I took the decision to stay in London, and I was lucky enough to get an extension of my internship at WilmerHale.
After that, I wanted to continue practicing international arbitration. As in Costa Rica there were not many international arbitration cases at the time, I thought about going back to Germany. At the time, I heard great things about Busse Disputes from my German colleagues. Busse Disputes is a German boutique law firm which focuses on international commercial disputes. I knew that its founder – Dr. Daniel Busse – was involved in many big arbitration cases and had a good reputation in the German market. The fact that the firm was a spin-off from Allen & Overy also called out my attention as I could learn from the Magic Circle type of work, but in an intimate environment where I could be in direct contact with partners and clients. I thought it was a great opportunity for the particular moment of my career.
Now, it’s been almost four years since I’ve been living in Germany (overall). It is sometimes hard for me to believe that I’m working in arbitration, sometimes in CISG cases, in foreign languages, and with an international team – I feel that my daily job is just an evolved version of the Vis Moot. But now, I’m actually getting paid for it [smiles].
Arbroad: You briefly mentioned COVID, and we’re just interested to know — since you started building your arbitration career during the period when the pandemic happened, did the pandemic affect your arbitration internships or your applications for other positions?
Felipe: In a way, I think that I was very lucky with the timing of my internships in light of the pandemic. The COVID-19 wave started to rise shortly after I landed in Hong Kong for my internship in November 2019. I am very glad I could work in person at HKIAC. In the end, however, I felt unsure about the pandemic because there was very little information about the virus, and I was in a foreign country in which I didn’t speak the language. The HKIAC Secretariat was very supportive with the situation, and I am glad I completed my internship until the end. I think that HKIAC has a great Secretariat team.
After Hong Kong, as mentioned, I conducted an internship at WilmerHale London in February 2020. I was (again) centimetres away from getting caught by the COVID wave and from it affecting my professional opportunities. Due to pandemic, a considerable part of my experience in London at WilmerHale was remote, but I stayed in the UK for my whole internship. The team was very well organized and the work I conducted was very interesting.
At Busse Disputes, I have been going to the office at Kettenhofweg in Frankfurt on most days since I started almost three years ago.
Arbroad: So you were an intern for the HKIAC. For someone who is not planning a career in an arbitral institution or for someone whose dream is to become a partner at a law firm, do you think it is worth the time, effort, and money to intern at an arbitral institution?
Felipe: I think that it’s a great experience to have an internship at an arbitral institution. There, you learn about the appointment of arbitrators and about the insights of an institution. I believe it’s really valuable to see a different side of the arbitration spectrum, just like working with an arbitrator and/or with a counsel. So I definitely think that working at an institution will give you an integral view of the arbitration process. Do I think it’s absolutely necessary to do that? No, but if one has the opportunity and a chance to do it, I do think it is valuable. Whether or not it is worth it – it depends on every single case, right?
Felipe interned with the HKIAC from December 2019 to January 2020.
Hong Kong skyline.
Arbroad: Tell us more about your time at WilmerHale. How does it feel to work with well-known international arbitration lawyers such as Gary Born and Maxi Scherer?
Felipe: It was great. One can learn a lot about arbitration in the course of WilmerHale’s internship. It was very exciting to work with Gary Born after reading and hearing about him in the context of the Vis Moot for so long. I also enjoyed a lot working with Maxi Scherer on academic publications, and with other lawyers like Ole Jensen, Helmut Ortner (now a founding partner of Peters Ortner), and with the rest of the team, including of course my former fellow intern colleagues.
After my London internship, I stayed in touch with WilmerHale’s team because I kept working with them on the Costa Rican Chapter of the Contractual Performance and COVID-19 Book published by Kluwer Law International in 2021. It’s really impressive how precise and rigorous WilmerHale generally is in its academic publications. I am glad I could learn from that high standard, which I still seek to incorporate into my academic publications.
Aerial view of London, United Kingdom. London is one of the most popular seats of arbitration in the world.
Arbroad: Germany is not an obvious destination for any international arbitration lawyer. Why did you choose to move to Frankfurt to work as a foreign associate?
Felipe: Well, I think that Germany is still growing as a seat of international arbitration. Last year, I wrote an article on the issue of Frankfurt as a seat of international arbitration [Breaking Traditions in Favor of German Efficiency? Frankfurt As a “Safe Seat” for International Arbitration / Kluwer Arbitration Blog]. I also moderated a webinar on this topic organized by the ICDR and a group of foreign lawyers in Frankfurt. Even though Germany is not one of the top five arbitration seats, on some occasions and for some parties, it may make sense to choose it. The community of foreign arbitration lawyers is also growing increasingly. Frankfurt is a very good place for conducting in person hearings (coupled with the Frankfurt Hearing Centre) and could become a bigger arbitration hub.
As to why I chose Germany, my previous knowledge of German, my previous internship at Latham & Watkins in Munich, and my Passau experience helped me a lot. Germany is the world’s third biggest exporter in the world. It’s the main economy in Europe and it’s a country with a lot of commercial movement. And Frankfurt is its financial and legal hub. On top of that, German lawyers tend to be very structured, thorough, and analytical, so one can learn a lot from them. Overall, I am very glad I came here.
Frankfurt’s skyline. According to the 2022 Global Financial Centres Index, Frankfurt is among the top 20 leading financial centers in the world.
Arbroad: We know you speak German well. Have you encountered any instances wherein you think that a high level of German is necessary to succeed as a foreign arbitration lawyer in Germany?
Felipe: I don’t know what the precise level of my German is right now, though. I use it every day at the office – during lunch breaks or in meetings. I’m in a German law firm after all. I think that the main language that I use in my work is still English, but certainly I think that my knowledge of German helps. A high level of German may help in the future to get appointed in cases that are conducted in the German language. My Spanish knowledge has also been proven effective in my daily work as I have been able to work in enforcement proceedings in which the dispute originated in a Latin American jurisdiction and where there were many non-translated documents. It has also been a great advantage when working with local counsel. So I certainly think that with languages, the more you know, the better. Again, I cannot say that it’s a must to have a C2 level in every language, or to master five or six languages. I think that these things add up, and that it is an accumulation of factors: the more things a person has in their favour, the more chances they have, but ultimately, I think that there is no secret formula.
Arbroad: Did you ever feel like you were being treated differently for being a foreign qualified lawyer or for not being a Westerner?
Felipe: No.
Arbroad: That’s great to hear. You mentioned your article about Frankfurt as a seat of international arbitration. In your article, you referred to Frankfurt as Germany’s number-one seat for international arbitration and the most important financial centre in continental Europe. Aside from these, what do you think makes Frankfurt unique?
Felipe: Its location, diversity, size, financial services, and accessibility.
Arbroad: What do you think is the best thing to do in Frankfurt?
Felipe: To travel! [laughs]
Moot Court Coaching
Arbroad: Surely many people who have never been into coaching are actually interested – why do that? What drives people to start coaching moot court teams, especially given that it takes a lot of time and effort?
Felipe: In my case, what drove me was to share my experience with others. I think that it is a cyclical process in which the person that receives the knowledge also assumes the (non-binding) responsibility of giving it back to future generations to keep the flow going.
After I coached Passau, even though I was really busy in Costa Rica working as an associate at a local firm, I felt that it was my responsibility to share that knowledge and to start an infrastructure in my home country. So I decided to form a team and build a renewed infrastructure in Costa Rica. I was fortunate enough to coach the team together with a good friend that had also been in Passau and who had previous experience in the Vis Moot. I would have not been able to do it alone.
It was a very good experience, but coaching takes a lot of time and a lot of effort. I promised to myself that I would not do it again, because too many years of my life were dedicated to the Vis Moot. Although yesterday, I had a practice hearing at Busse Disputes and I’ve been working closely with students from all over Germany in the Vis Moot and the Jessup. On top of that, I may go to Vienna this year as an arbitrator, so I guess it could be argued that I am somehow still involved in the Moot?
Felipe coached the University of Costa Rica’s moot court team during the 26th Vis Moot. From left to right: Jorge Arturo González, Fabiola Ramírez, Ana Paula Prado, Maria Fernanda Cuevillas, Mariela Sanabria, Valeria Alvarado, Édgar Eduardo Méndez, and Felipe.
Arbroad: Having been a part of two teams, you’ve been through two selection processes. How were the selection processes for the team members different and what type of selection process have you employed as a coach?
Felipe: At Passau, I learned great things about their rigorous selection process, which I later sought to implement in Costa Rica.
First, we started the process with advertisements and student events, in which former student-mooties talked about the Vis Moot, its concept and wonders. Then, the application stage followed, in which the candidates had to send their CV, transcripts, and a motivation letter. After that, we conducted interviews.
When I went back to Costa Rica, I thought that it was really important to include a written exercise into the selection process so that we could see how motivated the students were, and what their level of research and analysis was. After that selection process, the coaches together with a professor would select a team of six people. Different factors are involved when selecting a team. It’s not just about academic qualities, but also about personality and many other aspects that I think are important when forming a team.
Arbroad: In your opinion as a coach, what kind of selection process is appropriate when you first see a potential mootie/team member? On the one hand, you cannot expect too much from this person who’s coming to the selection process – you cannot ask to draft the full memo because it takes too much time and effort, but at the same time, you need to get to know this person. So what do you think is the best procedure for selecting a team member?
Felipe: I think that it’s really important to have in-person interviews to grasp the applicants’ motivation. It was crucial for me as a coach to know that the students will have the time for the moot, and if someone is engaged in many activities, even if this person is brilliant, they may struggle to achieve the best results in each of the activities they do. Of course, intellectual abilities are also important. I would not use grades as the main parameter, though. I think that they are a hint, but people can still learn with time. Personally, when I am selecting a team member, I tend to value a person’s discipline and hard work the most.
Arbroad: It is also quite common for the Vis teams to have several coaches. In your experience, how should the functions between the coaches be divided? What is the appropriate or optimal number of coaches for a team?
Felipe: I think it depends on how invested the coaches are. I think that two invested coaches is ideal; one may be not enough. If there are four coaches… again, it depends on how invested the coaches are.
Aerial view of Vienna, Austria. Since 1994, the Vis Moot is held annually in Vienna.
Arbroad: Do you think that the coach is, first of all, a supervisor or a friend to team members?
Felipe: It’s hard to generalize. It is important that the students respect their coaches and their authority. I think that the coaches can gain their respect by proving their experience and knowledge. It shouldn’t necessarily be a hierarchical relationship in that sense. Whether or not mooties and coaches can be friends – yes, I think it is generally possible. In my case, I saw my coaches at the time as friends who had more experience in the Vis Moot than I did. I am still close with most of them. The close-age gap also helps to forge closer connections in that sense.
Arbroad: When you started handling actual arbitration cases, has your perception of the team’s pleadings changed in comparison to your times in the Moot?
Felipe: Not necessarily, but I have witnessed that most legal issues are very relevant in practice. I think that the drafters do a great job at picking up on those points in the problem.
Arbroad: If you had to name one thing that you dislike about coaching, what would that be?
Felipe: It’s opportunity cost.
Blitz Poll
Arbroad: In the context of the Vis Moot – merits or procedural part?
Felipe: Procedure.
Arbroad: Coaching or arbitrating?
Felipe: Arbitrating.
Arbroad: Harry Potter or Lord of the Rings?
Felipe: Lord of the Rings.
Arbroad: Binge-watching series or waiting for every new episode to come out?
Felipe: Watching the entire thing.
Arbroad: Water with or without gas?
Felipe: With. Although when I first came to Germany, it was without [laughing].
Arbroad: The best book you have ever read?
Felipe: “Man’s Search for Meaning” by Viktor Frankl.
Arbroad: Sunny or gloomy weather?
Felipe: Sunny. I am Costa Rican after all.
Arbroad: One restaurant recommendation in Frankfurt?
Felipe: You know, there’s a place… It’s not the fanciest restaurant, but I go there every Wednesday to eat the best raviolis I’ve ever had from an Italian cook. It’s called “Casa VIP da Simonetta.” You pay €11, and you get the best raviolis. It’s great.
Arbroad: Sounds delicious! And our last question for this section is – where does the road lead?
Felipe: To where it was originally supposed to go.
Advice
Arbroad: What advice would you give to an arbitration lawyer who is about to move into a new jurisdiction?
Felipe: Set your own limits, instead of letting someone else draw them for you. Think very hard of the sacrifices you are willing to make in the pursuit of a bigger goal. Don’t be afraid of expressing your thoughts when you think there is an important point to make. Trust yourself and trust your hard work.
*The interview was conducted on 18 February 2023.