THE AUTHOR:
Janice Cheng, Partner at Hogan Lovells
The IBA Arb40 Subcommittee launched a competition to compile and publish poignant stories from this period, forming a distinctive compendium of shared experiences. Exploring the depths of the international arbitration community, the IBA Arb40 Common Heritage of International Arbitration Competition for the Most Meaningful Personal Stories unfolds a tapestry of diverse narratives.
Spanning the globe, these stories capture the human side of international arbitration, showcasing triumphs, challenges, and the interconnectedness that defines our professional journey. Each article in this collection offers a unique lens into our Common Heritage of International Arbitration, underscoring the significance of camaraderie, mentorship, and shared experiences within our global community.
The following article received high commendation in the competition.
A story dedicated to my soon retiring boss, TCH, to whom I am forever indebted.
It was the summer of 2009.
I had just completed my Masters in Industrial Relations and Human Resources at the University of Toronto, waiting to start my full-time job. I decided to visit my parents in Hong Kong.
After a scrumptious dim sum lunch with my father, we jumped into his car and went on a spontaneous construction site visit. He needed to check on the foundation works being executed by his construction company there, and me? I simply wanted to catch a ride home on the scorching summer day.
Fast forward to March 2014, after quitting my job in Toronto, getting a law degree in Hong Kong, securing a training contract with an international firm, getting married to the love of my life, giving birth to the most beautiful baby boy, and completing one out of four rotations of my training contract, I landed in the Construction & Engineering team as my second training rotation. Little did I know that this rotation was the prologue to my career in arbitration.
One late afternoon, one of my bosses asked me to attend a client meeting with him. The only information I was given was that a new client needed legal advice on an arbitration commenced against it, but boy, I was so very excited. Halfway through the meeting, I managed to piece the puzzle together and quickly realised that the arbitration related to the same construction project which my father had dragged me to in exchange for, shamelessly, a ride home. Thankfully, the arbitration related to the superstructure rather than that massive hole in the ground with fancy machines I saw for which my father’s company was responsible.
A little more than a few drops of midnight oil were burnt conducting legal research and other tasks for this case in the months following. From considering whether the arbitration was properly commenced to whether there was a dispute in existence at the time of the notice of arbitration, I had never been more motivated. By the end of August 2014, I had to move on to my third rotation and was forced to hand over the case to the next trainee. To say that I was sad to leave behind work I tremendously enjoyed doing is a massive understatement.
After I completed my four rotations, I joined the same team as a qualified solicitor in September 2015. I was instantly put back on that same case, which took a detour to the court (but was quickly dismissed) whilst I was in my other rotations. The parties resumed the arbitration in December 2015. If there were hiccups in life, this case topped it all. The hearing only took place in December 2019 and the arbitrator found entirely in favour of our client in November 2020. Seven years. It took our client almost seven years to achieve justice. And this was how it all started.
I am now seven years into being an arbitration lawyer specialising in construction disputes. I have been blessed with two amazing bosses who have been nothing but supportive to me since my trainee days. Secretly, I was at least grateful that these two arbitration giants did not write me off. For prospective entrants into the world of international arbitration, you may or may not be as lucky. But keep going. Be grateful, be humble, and be graceful. Put in the hours and hard work, push yourselves out of your comfort zone and put your hands up for new work. Help others and share your knowledge and experience. Go out and meet new people. Find ways to contribute to your arbitration world. One day, you will look back and take comfort that you have left some footprints along the way.
Of course, that is easier said than done. I still struggle. There are the good days and there are the much darker ones. The one thing that has not changed at all, however, is my passion for the work I do. There may be days which seem impossible to live through, or even days when you are tempted to call it quits, but I hope you wake up the next morning feeling motivated again.
To close this story, I quote my favourite comic: “The Boy, the Mole, the Fox and the Horse” by Charlie Mackesy:
“This is getting harder,” sighed the boy.
“Then every step you take is a bigger victory.”
Best of luck.
ABOUT THE AUTHOR
As a Partner at Hogan Lovells, Janice Cheng specialises in construction-related matters, both contentious and non-contentious. She acts for a wide range of stakeholders within the construction field, including domestic and international market leaders, in both litigation and arbitration proceedings. Janice also has extensive experience on advising and drafting contracts and other related documentation for employers, contractors, consultants and statutory bodies. She is acknowledged for her contribution to “The Annotated Ordinances of Hong Kong – Arbitration Ordinance (Cap. 609)” published in 2014 (2018 and 2022 reissued).
This article was first published on the website of the Arbitration Committee of the Legal Practice Division of the International Bar Association, and is reproduced by kind permission of the International Bar Association, London, UK. © International Bar Association.
Available at: https://www.ibanet.org/Arb40-Competition
