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9International Arbitration·May 20, 2026·5 min read

The Crisis Counsel

Tim Foden, Head of International Arbitration (Boies Schiller Flexner)

Armed men seizing your gold mine is generally considered bad for business. Especially when the government stops answering the phone and local police discover an unexpected commitment to non-intervention.

That's when Tim gets called.

A lawyer from Philadelphia who often finds himself parachuting straight into combat with uncooperative government officials and culinary challenges that regularly get the better of him.

The myth of the polished career

The legal profession remains oddly addicted to neat narratives. Elite university, prestigious training contract, ascending the hierarchy while maintaining a tasteful interest in rowing.

Real careers are usually much messier.

Tim’s began in the mail room at Sullivan & Cromwell, carrying SEC filings around Washington. It gave him something many junior lawyers don’t acquire early enough: proximity. He saw how associates behaved, how partners communicated and how elite firms actually functioned behind the scenes.

More importantly, he learned usefulness.

That’s the underrated currency of legal careers. Not brilliance. Not performative cleverness. Usefulness.

Law firms rarely say this aloud because it sounds insufficiently grand. But the associates who rise fastest are usually the ones who make life easier for everyone around them. The people who can write clearly, absorb pressure and quietly solve problems without the need for rapturous applause.

Tim understood that long before partnership entered the frame.

Grit over glamour

Before the global arbitration circuit came insurance defence work in rural Maryland, where Tim went from being admitted to the bar to arguing in court almost immediately. Slip-and-fall cases. Endless depositions. High-volume litigation. The legal equivalent of learning to box by being repeatedly punched in the face.

The lawyers who develop real judgement tend to accumulate scar tissue first. They learn by doing difficult, repetitive work under pressure until instinct starts replacing theory.

Tim’s move to A&O in London sharpened that instinct further. The transition from American litigation into English disputes was, by his own account, effectively a professional (and financial) reset. Different legal culture. Different structure. Different expectations.

A partner told him, rather bluntly, that if he intended to practise in the UK, he’d better learn English contract law. So he went home and read Chitty on Contracts cover to cover.

Not skimmed. Read.

There’s a lesson in that which many younger lawyers would do well to absorb before outsourcing their thinking.

Trial lawyers and storytellers

International arbitration likes to present itself as cerebral and technocratic. Panels of suited specialists discussing treaty interpretation in expensive hotels.

Underneath, it’s still litigation. Human beings trying to persuade other human beings.

His philosophy is simple: prepare every case as if it’s going to trial.

Not because every case should reach trial. Quite the opposite.

Sophisticated litigators know precisely how dangerous a properly prepared case can be. As Tim puts it, if you prepare for trial then you have a case theory. If you can clearly articulate your theory in three sentences then you're negotiating from a position of strength.

Clients are often companies operating in politically volatile jurisdictions where commercial disagreements quickly bleed into geopolitics. A licence disappears. A ministry changes posture. A government quietly decides foreign ownership has become inconvenient.

At that point legal analysis alone isn’t enough.

You need judgement. Diplomacy. Timing. Nerve.

Increasingly, you also need geopolitical fluency.

The new great game

One of the more interesting observations Tim makes is that investment arbitration no longer operates in the background of global politics. It sits directly inside it.

Critical minerals have changed the temperature entirely.

The US has become more muscular in protecting overseas strategic interests. Gulf states are expanding their influence. China is omnipresent. Europe remains staunchly committed to regulating bottle caps.

The result is that disputes lawyers increasingly find themselves navigating overlapping political agendas while trying to protect clients whose investments have become strategically sensitive overnight.

The old model of international arbitration imagined lawyers operating inside a relatively stable liberal order governed by treaties and predictable enforcement conventions.

That world looks rather less settled now.

Which is precisely why adaptability has become commercially decisive. Tim compares it to skateboarding or surfing: you have to keep adjusting while the surface beneath you shifts.

You can’t eat profile

The legal profession remains deeply confused about business development.

Every year firms produce another generation of associates convinced success lies somewhere between LinkedIn engagement and panel discussions attended mainly by other lawyers pretending not to check their phones.

At the end of the day “you can’t eat profile”.

It’s a brutal line because it’s true.

Clients rarely hire lawyers based on their conference oratory skills. They hire lawyers they trust. Lawyers who understand their business. Lawyers who listen properly and solve problems.

Go direct to source. You need to get in front of clients to build that trust.

One of Tim’s clients today is someone he played college lacrosse with more than two decades ago. Staying in touch keeps those opportunities open.

Escaping the matrix

What's the real prize in Tim's career?

Not the hearings. Not the status. Not even the money, although there’s plenty of that.

Autonomy.

Building a practice substantial enough that your life is dictated more by clients than by the firm. Taking your children to Australia while meeting clients. Skateboarding in Portugal between hearings.

That kind of freedom is rare. Most lawyers remain highly paid tenants punching somebody else’s timesheet.

Tim managed to escape that trap.