I-Ching Tseng

I-Ching Tseng, is a Vario Consultant based in Sydney Australia. Recently, she was appointed to both the Beijing Arbitration Commission (BAC) and the Panels of Arbitrators and of Conciliators for the International Centre for Settlement of Investment Disputes (ICSID).

Both of these appointments are real feathers in her cap and ultimately a recognition of her knowledge and experience in the field of international arbitration.

We recently sat down with her to discuss her experience working with Vario, as well as what these appointments mean to her. Our interview and her Vario Story can be found in full below.

Why did you first want to become a lawyer?

Like many lawyers, I always enjoyed debates and winning an argument. It was what appealed to me then, and it still appeals to me now, so becoming a disputes lawyer just made sense to me.

What led to you working with Vario?

I had to look after my family in Brisbane, Australia, during Covid and Vario presented itself to me as an option. I hadn’t really thought about it before then, but it was a good fit for my circumstances at the time, so I transitioned to working with Vario.

What was your experience of working with Vario like?

I haven’t actually worked on a Vario assignment in a typical sense, so I’m probably a unique example in some ways.

Prior to transitioning to Vario, I had a main client in China who I assisted with a litigation matter relating to a hydroelectric project in Ontario Canada. After successfully concluding the matter, I assisted Pinsent Masons China team in obtaining a long-term retainer to assist the client with issues arising out of a 25-year coal supply agreement in Vietnam.

We are currently running a SIAC arbitration in relation to a Foreign Contractor Tax related dispute arising out of this agreement. I work with two junior lawyers, as well as the matter partner, in preparing the written submissions and expert report ourselves.

How did these opportunities with the BAC and ICSID arise?

It appears that arbitration centers talk to each other. 

I am currently sitting on a HKIAC arbitration as one of three members on the panel. After being appointed to the HKIAC panel, the Chief Strategy Officer of Maxwell Chambers wrote to me about listing my name in a database of female arbitrators. On the back of this, BAC then contacted me to see if I was interested in being nominated to the panel of arbitrators.x

On the other hand, the ICSID opportunity came directly from the Attorney General’s Office of Australia. I responded to a call for interests in being designated to ICSID panels and ultimately was successful.

What do these appointments mean to you?

My appointments are significant to me in different ways. They’re an acknowledgement of my knowledge and experience in both international and commercial arbitration, but they also evidence my own personal reputation in these fields. In particular, it was nice to be approached by the BAC, rather than need to approach them myself.

The designation to the ICSID is the more significant though because they deal with state investor arbitrations.  Designation can only be made either by member states or by the Chairman of the Administrative Council of ICSID.  Each member state can designate up to four people to the Panel of Arbitrators the same for the Panel of Conciliators.

I am designated by Australia (as one of four members) to both the Panels of Arbitrators and Conciliators, so it really is a very rare opportunity. By way of comparison, all bar one of the UK’s designees are KCs!

What were the criteria for being appointed the ICSID panels?

A person can only be designated to the panels by proving:

• Knowledge of and experience with international investment law;
• Knowledge of and experience with public international law;
• Experience and expertise in international arbitration or conciliation;
• Ability to conduct an arbitration or conciliation and write an arbitral award or report in one or more of the Centre’s official languages (English, French and Spanish);
• Availability to accept appointments in cases as of the date of designation; and
• Availability and willingness to travel for case proceedings.

Will you continue to work as a legal consultant alongside these new opportunities?

Absolutely – I will continue to work as a legal consultant alongside my opportunities with the BAC and ICSID.

I hope that my appointment to the BAC, and particularly to the ICSID, will contribute to Pinsent Mason’s credentials in arbitration matters, especially investor state arbitration.

Would you recommend working as a Vario consultant to other lawyers?

Being a consultant is an interesting career and working with Vario has provided me with the ability to go out and chase opportunities such as the BAC and ICSID. I also recognise though, that there is no guaranteed income and the infrastructure you work within is very different to that in traditional law firms. Overall, it can be a great career path, but it requires a certain type of personality and awareness.

If you’re interested in a career as a Vario Consultant, then please get in touch with our admissions team.

Alternatively, if you’re interested in how a member of our bench can help your legal team, please contact us to find out more.