What makes a law journal truly influential in the complex world of international arbitration? In this insightful interview, George A. Bermann, co-Editor-in-Chief of the American Review of International Arbitration (ARIA), takes us behind the scenes of this unique publication, available in the JURIS Arbitration Law Library on Jus Mundi.
Professor Bermann reveals how ARIA stands apart by balancing academic rigor with practical relevance, making it a go-to resource for both scholars and practitioners.
He discusses the journal’s rich history, the vision of its founders, and the unique role that ARIA plays in shaping the discourse around international arbitration. He also touches on how the journal addresses current issues, ensuring it remains at the forefront of legal thought.
This interview offers valuable insights into why ARIA is considered a cornerstone of international arbitration literature.
Explore the American Review of International Arbitration and more from the JURIS Arbitration Law Library on Jus Mundi
Tell us about yourself and your international arbitration path.
I’m George Berman. I am committed to the world of arbitration, which is one reason I think we’re having this conversation. I’m a professor at Columbia Law School and Director of the Center for International Commercial and Investment Arbitration.
I didn’t start out in that field, but somehow it was magnetic, and so, it has drawn me into it. I began as a comparative lawyer, teaching comparative law, and eventually, European Union law, and then transnational litigation and international arbitration took over for me. One of the things that may be a little unusual is that there aren’t too many academics in the United States who are really active arbitration practitioners. That’s an unusual angle and very enhancing angle, even for academic purposes. So that’s what’s relevant. I have other angles on me, but that gives you a little bit of a picture.
How did you come to join the American Review of International Arbitration (ARIA)?
The important thing to tell you is that Columbia [University, New York (U.S.A)] had a very significant international arbitration profile well before I arrived.
It actually began with Henry deVries, who was one of the pioneers of international arbitration in the United States. He sounds Dutch; he was from Curaçao. And he really was a pioneer in the field. He was a partner at Baker McKenzie. But he really enlisted me without even knowing who I was. I’d just arrived. Then, on the faculty as well was a very well-known personality named Hans Smit, (who was himself Dutch) who actually started ARIA.
It’s an interesting little tidbit. Every journal published at Columbia has Columbia in its name. We have the Columbia Law Review, the Columbia Journal of Transnational Law, the Columbia Journal of Business Law, and I could keep going. He wouldn’t have that. And he insisted: “No, we’re the American Review of International Arbitration”. We remain the only journal associated with the school that doesn’t begin, in its name, with the name “Columbia”. And it’s actually unusual for law reviews not to start with the name of the school. So, when I got seriously into arbitration, I was not in virgin territory, to put it that way.
I became very involved, of course, since I was the other arbitration figure at Columbia. I contributed a number of pieces to that journal. But in due course, I took over the helm, along with a co-Editor-in-Chief, who happens to be Hans Smit’s son [Robert H. Smit], who was a practitioner at Simpson Thacher, is now solo and very loyal to Columbia, and teaches an advanced seminar.
So I’m a co-Editor-in-Chief of ARIA.
ARIA, despite not having the Columbia name in its name, is, however, a student-edited journal, like all the others. So don’t be misled: it is produced by our students. However, they are the Student Editors-in-Chief, and Rob [Robert H. Smit] and I are the Editors-in-Chief. We’re much more involved in that journal than faculty members are in any other journal.
What role do you believe ARIA plays in bridging the gap between academic scholarship and practical application?
It’s a great question, and it really resonates with me. If I can be a little personal here. I’ve always thought it was really critical that we bridge that gap between the academic dimension of international arbitration and international arbitration on the ground. That’s how I viewed my own career as bridging that gap. So, it was very natural to want ARIA to do the same thing, and it aspires to. So, it attempts to produce articles that are somewhat different from the completely practitioner-focused articles that you sometimes read in professional journals (how to cross-examine expert witnesses, eDiscovery,…). We really try to have something with a little greater depth and a little greater breadth, and yet resonate with the bar.
So, that’s an important navigation dimension to the journal, and it’s not that difficult to maintain. One of the reasons it’s not that difficult to maintain is that, as you know, we are the only international arbitration law review in the United States. So, people who want an arbitration audience – Americans, but not only Americans -, are likely to think about ARIA. So, we have a very healthy flow of incoming material.
How does ARIA address emerging issues and new developments in international arbitration?
We have the largest (pretty much by far) and, I think, the most outstanding group of graduate students in international arbitration. It’s extraordinary how they gravitate to Columbia. The students who operate ARIA are themselves deeply rooted in arbitration. In order to be admitted, they need to have practiced arbitration or whatever field they’re pursuing. And that’s not obvious that you would insist that graduate students have practiced. It’s actually an unusual posture. We have students,every year, from 40 or 50 different countries, all of whom have practiced. It’s unavoidable that we will have a rich panoply of topics. And ARIA overlaps greatly with the Columbia International Arbitration Association, which is an extremely active organization.
That’s one feature there that I wanted to highlight, not because it’s how we best accomplish what you asked me, but because it’s one of the most important ways in which we accomplish what you’ve asked me about, because it’s through our own students. So our own students, who are outstanding, put us in touch with authors that we might not otherwise be in touch with. I think that’s really important and maybe somewhat surprising to hear.
Now, the other answers to your question are that Rob [Robert H. Smit] and I are very attuned to what we think the academic and practitioner audience in arbitration should be hearing about and reading about. So, we’re full of suggestions. Both of us are busy in the field. We know what’s brewing at any period of time.
I must say we have a board. Unfortunately, it’s the tradition in American law schools that board members are not asked to do very much, but we sit on our board members and ask them pretty routinely: “What’s really, in your experience, happening? And what do we need to make known?” So, our board members are a little bit more involved than you would imagine, and that isn’t customary.
How does including ARIA in the Juris Arbitration Law Library on Jus Mundi improve accessibility and engagement for a global audience?
Jus Mundi has developed a prominence that has become self-evident, and that’s very valuable to ARIA. I think we have a very good readership at present, but every readership could be better. So, I think the key word is visibility. When you’re on Jus Mundi, you’re part of a network that many people will consult avertedly or inadvertently: they will discover ARIA. I think that’s truly what ARIA‘s advantage is. Being known, being seen, being read by a larger audience is really what we seek, and Jus Mundi provides that.
What have you most been enjoying about your time with ARIA?
The most gratifying dimension is the close collaboration we have with our students in this. There is no other journal that I’m aware of in which the advisors, if we could call ourselves that, are as intimately involved with the students as we are. We don’t take all the credit for that. Students in international arbitration are notoriously passionate about the work they do. There is no field of law, in my experience, in which students are so committed to a particular field, which has its upsides and downsides.
The upside, obviously, is the students bring a conviction, energy and motivation that’s essential. On the other hand, a lot of arbitration students cannot imagine doing anything else. Whereas most JDs don’t come to law school pre-committed to a subject. That’s quite rare. But the vast majority of our students in arbitration are foreign students getting LL.M. degrees who are pre-committed to arbitration. What is most distinctive about this is that connection.
I do get very passionate about certain subjects. We’re coming out with a special issue on the troubled relationship between the European Union and international arbitration, which I think is known. So, that’s a topical issue, and I think that’s something worth mentioning. We’re thinking more and more about topical issues because topical issues get read more. Most issues have a truly heterogeneous character. So, if you’re looking to delve into a theme, no single issue ordinarily meets your needs. But thematic issues do. So we had one on gender diversity not long ago; we have one now on the European Union, which is the biggest threat to international arbitration (and conversely, international arbitration is viewed as the biggest threat to the European Union).
So, I would say my involvement with certain issues is distinctive and unique. But camaraderie is the most significant characteristic.
Note: This interview is a transcription of a video interview with Prof. George A. Bermann shot on July 12, 2024, edited for clarity and readability. The full interview is available here:
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