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Arbitral Insights brings you informative and insightful commentary on current issues in international arbitration and the changing world of conflict resolution. The podcast series offers trends, developments, challenges and topics of interest from Reed Smith disputes lawyers who handle arbitrations around the world.
Episodes
Wednesday Oct 30, 2024
Spotlight on ... ArbitralWomen President Rebeca Mosquera
Wednesday Oct 30, 2024
Wednesday Oct 30, 2024
Gautam Bhattacharyya welcomes Rebeca Mosquera, Reed Smith senior associate and the President of ArbitralWomen. Rebeca shares her career journey, detailing her path from Panama to Alaska, and then to New York, the mentors who have shaped her path, and the inspirations that fuel her future. The conversation then discusses the significance of ArbitralWomen, its notable achievements to date, and Rebeca's vision for the association's future reach and impact.
Transcript:
Intro: Hello and welcome to Arbitral Insights, a podcast series brought to you by our international arbitration practice lawyers here at Reed Smith. I'm Peter Rosher, Global Head of Reed Smith's International Arbitration Practice. I hope you enjoy the industry commentary, insights and anecdotes we share with you in the course of this series, wherever in the world you are. If you have any questions about any of the topics discussed, please do contact our speakers. And with that, let's get started.
Gautam: Hello, everyone, and welcome to our latest edition of our Spotlight On podcast series. And I'm delighted today to have as my guest, the fabulous Rebeca Mosquera, who is not only one of my colleagues at Reed Smith, based in our New York office, but is also the president of ArbitralWomen and does a wonderful role in that position and is a real champion for women in the world of international arbitration. In all its various forms. Hello, Rebeca.
Rebeca: Hello, Gautam. Thank you for the introduction and for the invitation. I don't know if you know this, but I have been following Spotlight On for a while now. And so it's exciting to finally be on the other side of the microphone today.
Gautam: Well, it's fabulous to have you. And I'm looking forward to our discussion, not least because we're going to be covering some topics I know of very much mutual interest and ones on which you are perfectly qualified to give us your thoughts. One of the things that I think is always wonderful is someone's background, how they got to where they are now. And I know because I know you well, Rebeca, that you've got a very interesting background to how you are where you are now as a senior attorney at Reed Smith in our New York office. It's a fascinating background and I wonder if we could begin with that and I could hand over to you to tell our listeners about your background, your journey to where you've got to where you are today.
Rebeca: Absolutely, Gautam. So as you know, I was born and raised in Panama, where my legal career started, mainly focusing on corporate transactions and domestic disputes. But, you know, life took a surprising turn when I moved to Alaska to work with Shell Oil. At Shell, I was involved in upstream and exploration work, which was an extraordinary experience. It truly gave me a deeper understanding of the business side of a large corporation. And I think that is something crucial for any attorney who wants to be well-rounded. After my time with Shell, I moved back into private practice, and that's when I had my first exposure to investor state arbitration, which is what I do now. It was a construction dispute, and I found myself learning everything about asphalt viscosity because the case centered on the rehabilitation of a major road network, part of the Pan American Highway that stretches across the Americas. And at that time, I had just finished my master's of science in project management. So that became real handy. And it was fascinating. And that's when I realized I wanted to dive deeper into this area of law. And that led me to further my studies at NYU, get dual qualified in New York. I was already qualified in Panama since 2004, 2005. And from there, I've had the opportunity to work on many international disputes, which has been both challenging and incredibly rewarding.
Gautam: Yeah, it's a real fascinating story you've got there, Rebeca, because, you know, you know, you're a native Spanish speaker. You had to learn English as a second language, which is not as easy as some people might think it is. And you've lived in many different countries. You've been exposed to many different cultures and ways of life. And now you're in New York. And did you come to New York because of your studies to do your master's? Was that the primary reason why you landed up in New York?
Rebeca: Yes, that was the primary reason why I landed in New York. But I'll be honest, Gautam, I never thought I would end up living in New York or Alaska for that matter. I studied law because I had no intention of leaving home, which is Panama. But here I am almost 20 years later. And something that you will appreciate, you know Manhattan well. So I lived at the NYU Law School campus in Greenwich Village. That's on 4th Street. And I remember at the beginning of my studies walking up to 14th Street, which is Union Square. And I'll tell myself, okay, this is as far as I will go today. I will not there go beyond 14th Street. I was completely overwhelmed by the sheer scale of the city. You will think after Alaska, I'll be ready for anything. But New York is its own kind of challenge. The energy here pulls you in and can take everything from you. But if you embrace it, the city gives back tenfold. Now, I am an avid walker, which has earned me the nickname of Juanita La Caminadora, kind of like Johnny Walker, but in the feminine version.
Gautam: That's very good. Now, I didn't know that, Rebeca. I didn't know you had that nickname ah now you i've learned something new!
Rebeca: Yes no I love walking and and honestly I did the same when i visited london for for the first time in in June 2021 obviously there was no much like no many people on the streets but and I walked everywhere and I feel it's the best way to discover you know those hidden gems that make each city so unique.
Gautam: Absolutely. No, no, that's, I couldn't agree more. And, you know, one of the other things that I know from your background, which is, which I think is, is fascinating, and which I think our listeners will be very interested in, as we deal with this particular segment is that you started out life in Panama as a corporate lawyer. And you know naturally because Panama is well known for being the hub for corporate transactions so not surprising then and then as you said you moved to the US to Alaska and you worked in the energy sector and then your practice gradually evolved into dispute resolution so tell us a little bit about sort of whether you still do any corporate work and how your corporate background has helped your dispute resolution work.
Rebeca: No, absolutely. You know, when you graduate in Panama, which is a civil law jurisdiction, you kind of do everything. But my focus was primarily on corporate. And, you know, I went from being a corporate attorney in Panama to focusing on disputes in the United States. That has helped me a lot because I've found a real niche in bringing or assessing disputes related to Latin America, not only in international arbitration, but cross-border litigation as well. So it really has been a way of building a wholesome practice. And while international arbitration and cross-border disputes are the core of my work, something, as you mentioned, many people might not know is that I have also developed a niche practice focused on luxury brands in Latin America. I often collaborate with our Paris office on these matters. It is a highly sophisticated area of law. It blends commercial, intellectual property, and contractual elements. And it is really fascinating. So, you know, for me, just having gone full circle from corporate to disputes and then somewhat back into corporate in a more niche area. It just makes my practice very interesting, dynamic. And now on top of that, I've become deeply invested in technology, particularly the role of AI in arbitration. And I think this is a shared interest, as you might know with my husband, Ben Malik, who shares the Silicon Valley Arbitration and Mediation Center Task Force on the guidelines for using AI in arbitration. I think AI, it's really transforming how we approach everything in the legal field. And, you know, it's making processes far more efficient and dynamic. So, you know, like I said, although disputes are at the core of my work, I tend very, in an almost daily basis, to also do other types of things, mostly in the luxury field and in technical and tech disputes.
Gautam: Fabulous. Thank you, Rebeca. Yeah, I mean, see, the thing is, I know a lot about this, but I think our listeners will be fascinated by the many facets to your background, your practice and your interests. So thank you for sharing all of those great points with us. Now, let me ask a slightly different question. Given that you grew up in Panama, you practiced in Panama, then you went to Alaska, then you came to New York, along the way, you must have had a number of people who were very instrumental in making you who you are today. Some people who inspired you, who gave you incredible encouragement and who really helped you get to where you are today. I wonder whether you could share with our listeners some of those people who've been really important to you as you've made this progression through your life.
Rebeca: No, absolutely. I mean, there were, there've been, you know, a few key figures that immediately come to my mind. And I think that we'll be here a long time if I mention all of them by name. But, you know, of course, you'll be too humble, Gautam, but you have been one of those tremendous influences, the same as John Fellas, who you know well. Your leadership, championship, you know, and guidance have played a big role in shaping how I approach my work. You know, I grew up in a family where we celebrate women. So I'll have to say that my late mother has been a constant source of inspiration for me. She was an extraordinary lady and someone ahead of her time in so many aspects, especially when it came to taking space as a professional woman. I also draw strength from my family. You know, I have two daughters who they are, you know, fearless and genuine. They truly put things into perspective for me. And my husband, who is an incredible partner, he is the reason I am able to do so much in my career. And, you know, I'll be amiss if I don't say and mention that more recently, I've realized that I inspire myself as well. I think that's something important for anyone to acknowledge, understanding how much you've grown and letting that sense of achievement propel you forward with a strong sense of purpose. That's a tremendously powerful feeling to me. And I'm happy to be there, wake up every morning and look at myself in the mirror. I said, you inspire me every day, Rebeca. Let's do this.
Gautam: Well, you are definitely somebody, Rebeca, I can tell you. And you know, you'll be too modest to say this about yourself, but the resilience that I know you've shown and the determination that you've shown, everything you've done, you've achieved through your own merits. And I think that's one of the greatest accolades I could ever give you. Knowing you as I do, I very much admire all of those qualities that you have because you are where you are today because of all of the people that you mentioned, family particularly, but also you, right? You know, you've driven yourself. You're self-driven. You're a self-starter. And that's a wonderful example, which leads beautifully to your presidency of ArbitralWomen, because... And again, you'll be far too modest to say this yourself. So me being the host of the podcast, I get the prerogative to embarrass you and say this about you. But we'll of course talk about ArbitralWomen in a second and your role, your plans for it. But our listeners, I think many of them will have heard of ArbitralWomen. It's an international organization which exists to champion, encourage, and really drive forward the talents of women arbitrators, women arbitration practitioners, aspiring arbitrators, aspiring lawyers who are women from all nationalities around the world. It's a very prestigious organization, and I'm incredibly proud that you, Rebeca, were elected a short few months ago to take on the presidency of that wonderful organization. And that's something that, again, is to your merit. You've achieved that on your merit because of your reputation, because of how well people regard you. And that's a wonderful, wonderful thing. Let me tell you, that's a wonderful, wonderful thing. And so tell us a little bit about, I mean, I know I've said a little bit about it, but in terms of ArbitralWomen, tell us a little bit about how you came to be involved in the organization. And just share with us your plans now that you're at the head of the organization. Tell us a little bit about your plans and ambitions to further grow Arbitral Women and to further act as an inspiration to all the women out there who are in the field and who want to be in the field.
Rebeca: Thank you, Gautam, for those words. And, you know... Serving as president of Arbitral Women, it's both, to me, a tremendous honor and a significant responsibility. As you very well said, our organization has spent over three decades advocating for gender parity and diversity in dispute resolution. And I'm incredibly proud to continue advancing that mission. And how did I become involved with ArbitralWomen? If I look back, I don't remember a time where I was not involved with ArbitralWomen. Obviously, I became a member, I think, about 2015, 2016. And then, you know, working with the organization, little by little, I made my way into the board. And right now, this is my third term, and it's been almost six years with the board. And now, you know, as its president, my vision right now for ArbitralWomen is to not only support women dispute resolution, but also to create an environment where women from all regions of the world feel empowered, represented, and able to thrive. I mean, if you see our board right now, you can see a variety of backgrounds. And that's just a testament of how global this organization really is. When we talk about diversity, equity, and inclusion, they are absolutely crucial in our field. And that's why I feel so strongly about it and how I feel that I am in a very, you know, in a position with a huge responsibility because while we've made meaningful progress, in my view, there's still much work to be done, particularly in ensuring that women and other underrepresented groups have equal access to opportunities in the law. And I think I've mentioned this to you before, but it is very difficult, right, to ask for what you deserve when you don't see yourself reflected in The people making decisions. So some of us have to trailblaze to pave the way for others. And I believe that's part of our responsibility.
Gautam: Well, you're certainly doing that. You're leading by example, which is the wonderful, wonderful thing. And I also know, although I obviously don't know as much as I would love to know about ArbitralWomen, but I'm learning all the time from you and others who I know who are active in ArbitralWomen, that you have a really broad, as you mentioned a moment ago, a really broad membership from many, many countries around the world. And now, as you and I both know, concepts of diversity, equity, and inclusion are more developed in certain jurisdictions, and they are developing in other jurisdictions. So I wonder, are there any particular jurisdictions where you're particularly keen to further grow the reach and impact of Arbitral Women?
Rebeca: Yes, absolutely. We continue our work in the Middle East, in Asia, And we have, I mean, from a recent trip that you and I had to India, Gautam, we have a great number of members in India as well. So, and we, like I said, I have said this to the board before, I know that our strength and power is in our unity. So those are jurisdictions that we continue to put forward all of our effort. And also in Latin America. I mean, those are jurisdictions where, although, like I said, we've made progress, but they're still very much male-dominated.
Gautam: Yes, and it's only by everyone doing their bit that we'll change these sorts of things. And I know there's a lot of work that everyone can do, not just women, men like me who are allies and who encourage and who seek to push for change. I think that's really important because, you know, as you said, there are some jurisdictions where these concepts are yet to fully blossom. And it's by dialogue, by communication, by advocacy in these jurisdictions, encouraging people to be involved, that we get there. And you know I've got no doubt Rebeca that under your leadership ArbitralWomen will make huge inroads into many many jurisdictions and and I look forward to seeing that you know you mentioned a moment ago Rebeca that you and I had just been on a trip to India as part of India ADR week and that was great to be there with you and with Nathan Menon one of our partners and we were in Mumbai and Delhi together, speaking at certain sessions. You were a speaker at one session. I was a speaker at another session. And we were very much involved in all the activities that we were doing during that week. I wonder if you could share with our listeners, and I'm sorry to ask you this question, because I know you're probably not expecting this one, but what were your key takeaways from your trip to India, right? Because it's obviously a very different place to Panama, Alaska, New York. So what were your key takeaways from that week that you spent in India?
Rebeca: Well, I mean, first I have to say it was an extraordinary trip. And you might, you know, this is something that our audience might grasp or not. But, you know, when I say extraordinary, the term extraordinary took on a more nuanced and playful meaning within, you know, our circle.
Gautam: It's a very British expression, isn't it?
Rebeca: And, you know, it became something of an inside reference. Look, I, like you said, you know, it was a great honor for me to join you and Nathan in that trip. And I mean, India's international arbitration is so vibrant. And the country is really making its mark on the global stage. As you mentioned, we were invited by no other than the MCIA, the Mumbai Center for International Arbitration to speak into sessions. And honestly, the scale of that event held across three cities was unlike anything I have seen before. You know, more than key takeaways, I, you know, I can, what I want to get at, and, you know, I'll get into that in a moment. You know, I also had the pleasure of seeing you and Nathan firsthand on the several business meetings that we attended together during our week in Mumbai and Delhi. And the sense of collaboration was incredible. It's really a testament to why we serve our clients so well, right? We love what we do. We do excellent work and we share, whether it's knowledge or opportunities or the spotlight, and we support each other. That, that to me was invaluable. And I'll have to say the amount of opportunities that are materializing from that trip is truly remarkable. You know, I was thinking about that, that trip, I don't know, I think it was a couple of nights ago. And one of my favorite moments was, I don't know if you remember when we were debriefing after a long day of, I don't know, so many meetings that we had. We were walking toward the lobby of the hotel next door, the Oberoi. And people started joining us little by little, you remember. But by the time we got to the lobby, we had, I don't know, a group of about 12 people. They all wanted to speak with you. You were like a magnet. And it was very special to witness that. And I remember we all sat around. and you have a talent, Gautam, for bringing people together and we all share special things about us. We introduce each other and I think I knew more, I got to know more about those 12 people or those 11 people in the room that if I would have done it otherwise at a breakout session or something. So that was an incredible experience, that trip and I hope to be back and continue supporting our amazing India business team that you lead from our London office. So thank you for the opportunity. It was amazing.
Gautam: Well, it was really great to have you. But one thing you must know and our listeners must know that those 11 or 12 people were there to see you, not to see me. I was just subsidiary. I was just subsidiary to everything. I just happened to be in the right place at the right time. They were actually all after to see you.
Rebeca: So you're doing it again. You're so good about giving the spotlight to others. And I had the great chance to honestly experience that in all of our meetings. You don't get that a lot from a more senior partner or more senior colleague to just make an introduction, talk so well about the work we do, and then just say, but here's my incredible colleague Nathan, here's my incredible colleague Rebeca, and this is what they're doing. And it's just, you know, I thank you for that, because that's also, as we were talking before, one of the ways of creating more diversity and making an impact on having that conversation, right? And giving others also the spotlight and the opportunity. So thank you for that.
Gautam: Oh, no, no, it was great. It was a pleasure. And, you know, that India trip was, it was hard work. Yes, we were very, very busy. But it was also great fun. I mean, you know, the nice thing, which I know many of our listeners will relate to, is that when you're with people that you enjoy being with, hard work, which is always hard work, doesn't feel like hard work. And that is one of my big takeaways from that trip. So now, as we now approach the end of the podcast, and you know, Rebeca, because you know me very well, I could talk for a long time. But these podcasts don't really encourage us to speak for too long. So I'm going to bring it to a gradual close. But before I do, as you'll know, Rebeca, the podcast that I do, I have a little section of them where I always end with some more lighthearted questions. We've spoken in the course of this podcast about your incredibly interesting background, your journey to where you got to now, the inspirations along the way, your passion for your family and for what you do, your passion for DE&I and your great sense of fun, which is obvious from your incredibly sunny personality that you have. But I want to ask you some non-legal questions some non-law firm questions and non-business trip questions so so do you have a favorite album that you listen to
Rebeca: So yes you know my my and I you know this is this is so interesting because during during that that trip and i think i knew this before i i know that you're a DJ, And I don't know if our listeners know a lot about that.
Gautam: Well, you're giving it away now.
Rebeca: So, you know, I'm very eclectic in what I like. But if I have to pinpoint one favorite album, it will have to be All That You Can't Leave Behind by U2. And there is a track in particular in that album. It's called Walk On. And it really resonates with me. It's all about resilience, as we were talking about before, and moving forward, which I feel mirrors my own journey in many ways. Toward the end of the song, Bono lists all the things that you can leave behind as you step into a new chapter of life. And as an immigrant, that really hits home. You know, something that I don't usually share with people is how challenging it was, you know, after I graduated from law school in New York. It was so hard to find a job. Firms were not hiring and they were not hiring LLMs in disputes, mostly because sometimes LLMs, you know, think the firms do not know how to, you know, where to place them. We don't have the same career track as, you know, summer and then first year and the like. So I don't know if you know, but I ended up working three different jobs just to get by. I was selling clothes on the Upper West Side, which, you know, taught me some pretty solid pitching skills. Oh, yes. I mean, New Yorkers are very tough to sell them anything. Then I was working the night shift at my yoga studio, which, you know, sometimes included laundry in exchange for what they call karma hours. So I could practice yoga for free. That experience really showed me how important it is to have something outside of work that keeps me grounded. And finally, I was a hostess at a restaurant on the Upper East Side. Where I learned the value of doing a great job for your clients, and in this case, for the people that came to eat. And they will not only refer you to others, but more importantly, they will keep coming back. And, you know, during all of that, I was couch surfing because I couldn't afford rent, which taught me the true value of living a frugal life and how closely it's connected to happiness. So in that journey just to you know go full circle I had to leave behind my all measures of success and embrace the path ahead and and it wasn't easy but looking back I see how every step brought me to where I am today with with a strong sense of destiny and purpose guiding me forward and well I'll also be amiss Gautam if I didn't if I didn't say that I'm a huge Bollywood fan So I really...
Gautam: Yes, I know. You love your Bollywood, don't you?
Rebeca: I do. So I really enjoy the music of Anki Tiwari, Arjit Singh and Siddharth Mahadevan. So, you know, there you have it. I'm an eclectic type of being.
Gautam: Well, it's the best way to be. Variety is a beautiful thing. And, you know, let me ask you one last thing before we close. Apart from Panama, is there a particularly favorite place a travel destination that you, Ben, and your daughters like to go to?
Rebeca: So, well, lately as a family, we've enjoyed Dubai very much, but we are planning to see if we can bring the entire family to India. Everybody keeps telling me that I should go with the entire family. Everyone that, you know, we met during that trip mentioned that. And my husband has been to Sri Lanka and so we were planning to potentially do you know the two countries at some point with the entire family so we'll see.
Gautam: Well, that's a wonderful way to end because that would be a beautiful thing for you all to do. Rebeca, thank you very, very much for being such a dear friend, a great colleague and a great champion for everything that you do. I'm very proud to know you, to be a colleague of yours, and I look forward to seeing you in person again very soon. And I think there's only one other way to finish this podcast, which is, as you know, my Spanish isn't brilliant, but I do try to practice my Spanish now and again. And I've got broken Spanish, as they say. I think for those of our listeners who know Spanish, the only way to finish this podcast is to say, apaga la luz.
Rebeca: Very well. No, that's amazing, Gautam. Thank you so much for the invitation again. And definitely, this is an apaga la luz moment. Thank you.
Gautam: Thank you.
Outro: Arbitral Insights is a Reed Smith production. Our producers are Ali McCardell and Shannon Ryan. For more information about Reed Smith's global international arbitration practice, email arbitralinsights@reedsmith.com. To learn about the Reed Smith Arbitration Pricing Calculator, a first-of-its-kind mobile app that forecasts the cost of arbitration around the world, search Arbitration Pricing Calculator on reedsmith.com or download for free through the Apple and Google Play app stores. You can find our podcast on podcast streaming platforms, reedsmith.com, and our social media accounts at Reed Smith LLP.
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