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MS ARBITRATION

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POINTERS

Background

When I was a second-year associate, I was the teaching assistant in the course I now teach.

One of the two professors was my boss — and I commuted with her to each class from our office.

Every week, we'd arrive about 90 minutes early; the professors held office hours in a café on campus. Students only rarely came by, which meant that I could ask questions. Reader, I asked a lot.

More recently, the other professor asked me to come chat with Young OGEMID; it seemed only fair to take questions.

Raised hands | Mallory Silberman leads an interactive session at Washington Arbitration Week

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Every quarter (or so), I select a practical question from a member of the community, and share my answer with the group. Ask away!

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Ask Mallory: Interviews & Q&A with Mallory Silberman

Questions Mallory Silberman has answered in interviews and her Young OGEMID column — from the Lexology Index, Law360, and Young OGEMID:

How did you come to be a professor? In 2011, at a hearing, I was working on a counsel team alongside Jean Kalicki. Toward the end of the hearing, Jean mentioned during the coffee break that it seemed like I really enjoyed doing this work. She was right, and when I told her as much, Jean asked if I would be interested in becoming her teaching assistant. At the time (and for many years prior), she and Mark Kantor co-taught a Georgetown Law course on advocacy. As TA, I had a seat in their master class and was the fly on the wall when they crafted their feedback. I took notes, tried to internalise lessons, and — near the end of the course — even taught a module myself. The next year, Jean and Mark kindly invited me back as their co-professor. I took over the class from them about seven years ago.
[E]arly on as an associate, you asked if you could come sit with me in the "case room" — where we kept all the files — in the lead-up to a filing we were working on. I had never had anyone ask me that before. Why did you do it? I think it's very important to sit down with paralegals. With interpreters; translators. Anyone who will have any sort of role in the case, to understand what it is that they are contributing and what specifically they need in order to make that contribution.So much of the practice of law is logistics and operations. Even if you aren't getting the "traditional" experience (or the experience you thought you would have, substantively, in a particular area of law), there are still so many things you can take away from the job — because, as you mentioned Kelby, you have to "manage." You have to manage people. Expectations. You have to worry about operations and logistics and whether all of the exhibits have been stamped with a number, so that months down the road (or years down the road), when you're sitting in a hearing room, someone's able to pick up that document and know what it is.
What do you enjoy most about your job? First and foremost, I love the human elements of our work: getting to meet a new client, colleague, or witness and learn from them. As counsel, I always found it so meaningful to help parties and others to recount their stories. I also greatly enjoy the challenge of building a strong, clear, and resonant case. It's a very complex puzzle, with constantly shifting pieces — legal, factual, cultural and strategic. But there's just something about working with a team to assemble those pieces that I find intellectually satisfying.
You've done various types of work in international arbitration, including casework and teaching. Which has been your favorite and why?
What surprised you most when you started work as a lawyer?
What qualities allowed you to succeed in the field? Apart from a healthy dose of luck (and from guidance, assistance, and support from good mentors), I think that it mainly comes down to some attributes that I picked up from my parents. My mother is an artist and a writer who had me honing creativity and communications skills from the start. And my father — as the former head of a sports arena — essentially gave me a masterclass in complex project management. From him, I also learned the importance of tending to every aspect of the audience's experience.
Her proudest moment as an attorney During a recent hearing that was being conducted in both English and Spanish, an arbitrator decided to ask Silberman — a native English speaker — a question in Spanish, knowing she'd understand the question. In another case, an arbitrator asked her a question in civil law shorthand, even though she's formally trained in the common law tradition. "I'd proven to him throughout the hearing that I could understand civil law shorthand," she said. "It takes a ton of work to find common ground ... [so] my proudest moments have been little things, small moments when I felt [my hard work] had paid off."
On which types of matters have clients sought your advice the most in the past year? Since launching MS ARBITRATION, the requests have been wonderfully varied. But, generally, they have involved the same theme: helping members of the field to become even better at their jobs. Thus far, the most common requests have been for practical guidance; assistance with hearing prep; mentoring sessions; skill-focused training programs; and "sense checks" on substance, procedure, and strategy.
What is your philosophy on footnotes? Assuming you have one, of course. So, to me, footnotes represent opportunities. They are a means to build trust; a component of persuasion; and a way to assist the audience with its task. In practice, as you might imagine, this philosophy can translate to long footnotes. I know that many writers prefer short ones, but here's how I tend to see it: When I cite an exhibit, if I supply only the number, it's a missed opportunity. It's like saying "Here's a document, full stop" when I could say "Here's the evidence: it's an email exchange between the relevant people, during the relevant timeframe, about the topic at hand, and it explicitly states XYZ on Page 2." Isn't the latter more persuasive (and helpful)?
In your opinion, what effects could legal technology innovation have on arbitration over the next five years? I think that the effects are going to be quite profound. AI will undoubtedly continue to streamline the more labour-intensive aspects of our work — and I know that there has been much discussion around legal research and document review. But, personally, I'm most excited by the potential for technology to make advocacy itself more effective and persuasive. (For example, I very much hope that, five years from now, "overly text-heavy slides" are a thing of the past.)
What is your favourite word?
Which fictional hero do you consider your own personal hero?
Why did you decide to set up MS ARBITRATION? The idea was really born out of the market itself. When I left private practice, I happened to mention on LinkedIn that I was still planning to contribute in other ways to the field. And, in response, practice chairs, partners, and associates started to reach out and ask me for ad hoc assistance. They were looking, for example, for someone to moot them for a hearing — or to help train their colleagues or to coach them through the process of handling a new aspect of casework. I'd always loved doing that sort of thing, and eventually, MS ARBITRATION was born.
Why she is an international arbitration attorney Working in international arbitration wasn't the fulfillment of a lifelong dream for Silberman. She said it had more to do with serendipity and luck, and the fact that she'd been studying Spanish since she was in kindergarten. She also attributed her career path to Arnold & Porter partner Steven Kaplan, who she says set up a mock interview when she was in law school to meet with the firm's arbitration team. She didn't know anything about investor-state matters at the time, but she said the cases sounded so fascinating that she wanted to find out more. All of those factors helped to put her in the right place with the right skills at the right time, she said.
What advice do you typically give students who are seeking a job in investor-state arbitration? First, be patient. Unlike in my day, when an attorney could stumble into the field accidentally, today, there are more applicants than positions, and it takes time — and luck — to secure that first job. While you're waiting, do other work you find interesting; the time will pass very quickly if your mind is engaged. (And before you ask: yes, any work you find interesting. Almost every job teaches skills that transfer to arbitration.)

Mallory Silberman — Young OGEMID posts

Re: On the Road in Arbitration

April 17, 2026

And here I'd thought I could just fade into lurker-hood :) A few more additions, because I couldn’t resist: If you can rest on the flight, go for it! In the olden days, flying meant that

Re: Greetings

March 6, 2026

Dear all, In recent weeks, my algorithm has rewarded me with articles pushing back against one of my least-favorite email openers — the now ubiquitous “I hope this email finds you well.”

P.S.

February 6, 2026

I came across this article a few months ago and have been hoping that I'd find some hook for sharing it. Today felt like a good time, with the opening ceremonies of the Winter Olympics just

Ask Mallory: How do you manage your inbox?

January 16, 2026

Dear all, As I had mentioned in December, I wanted to answer both questions that we had put to a vote in the “what should we Ask Mallory next” poll. I’ve already answered one of them (see

Re: Ask Mallory: How do you manage your inbox?

January 16, 2026

Yes! “Temporizing emails,” as one of my mentors always calls them, go such a long way. Building on some of these points: Personally, I can’t live in my inbox all day when I’m working on a

How YO Works: Realities, Reminders, and Rules

December 15, 2025

Dear all, Happy Monday! If you’re just tuning in: I’m in the process of responding to the question below. ASK MALLORY | DEC. 2025 “Q. This may sound silly, but: how does this listserv thing

Ask Mallory: Is there an instruction manual for this place?

December 12, 2025

Dear all, Back in April, when I became Moderator, I was interviewed on the listserv, and one of the questions I was asked was: “What are your plans for YO going forward?” The answer that I

How YO Works: Background, Big Picture, and Structural Note

December 12, 2025

Circling back with Part 1 of the Ask Mallory answer: I. BACKGROUND Around the turn of the century, the late Professor Thomas Wälde — whom I never got to meet, and am therefore hesitant to

How YO Works; Tips on Navigating Listserv Traffic

December 12, 2025

And now back with Part 2: As mentioned in my previous post, in 2025, the listserv has received more than 900 posts by 87 different people. It’s a complex conversation to try to follow, so

Re: When the Room Is Loud and Your Battery is Low

December 10, 2025

Dear all, Such great tips! I’ve really enjoyed reading these. Here are a few more for the list: Reframe the Narrative. For example, in my head, I rarely use the term “networking,” as — for

Trick? Treat? I'm not sure

October 31, 2025

Dear all, By the powers vested in me as your Moderator, I hereby announce a new listserv rule: in exchange for Ask Mallory, I’m granting myself the authority to pose some additional

A Question About Questions

October 16, 2025

Dear all, As you may recall from our Summit, one of the new YO features that we’ve promised is InterviewED . It’s a series intended to help us all get to know other people throughout our

Re: Ask Mallory: The Unwritten Rules of the Footnote

October 14, 2025

But that’s the beauty of a listserv! Reading posts/responding when our schedules permit. I’ve just added the Grafton book — and your thesis, which sounds fascinating — to my reading list.

Ask Mallory: The Unwritten Rules of the Footnote

September 24, 2025

Ask Mallory Hooray! The first post in the series 🎉 As mentioned during our Summit back in August, this new column was inspired by you: in recent months, you’ve DMed me with your questions

Re: One Piece of Advice

September 5, 2025

Dear all, Just wanted to share some more tips that have been bouncing around in my head since I posted that last set: {Use squiggly brackets}. This is advice that was shared with me during

Re: One Piece of Advice

September 3, 2025

Agreed! This is such a great topic. Some additional thoughts (in no particular order): Advocacy is a team sport. Even though certain tasks necessarily take place within our own minds, we do

When is Midnight? (An Informal Poll)

July 9, 2025

Dear all, Yes, indeed this is clickbait. But I’m also very curious — and, as a gentle reminder of the impending deadline for rapporteur applications, I figured I’d ask. What does “the

Knock on Wood: A Thread About Superstitions in IDR Work

June 13, 2025

Dear all, As it’s Friday the 13th, I figured that it would be interesting to discuss superstitions. So, here are some things that I’ve learned during my time in our field. In the USA, many

Is that . . . a peacock? (Favorite lines heard at hearings)

June 10, 2025

Dear all, While reading for pleasure this past weekend, I spotted a word that reminded me of a lovely little unexpected moment at a hearing: After a strange noise in the background (it was

Re: Wording opinions — care to share?

June 2, 2025

On the subject of translation: Has anyone else ever found a term to be more intuitive/satisfying/persuasive/etc. in their second or third language? For example, to me, opción irrevocable

Wording opinions — care to share?

May 29, 2025

Dear all, If you’ve found your way to this listserv, I’d imagine that you have * thoughts * about phrasing. I know I do: I have preferences and “ pet peeves ,” and there are certain turns

Re: Wording opinions — care to share?

May 29, 2025

Speaking of insults (😉): another phrase that I tend to revise is “Claimant’s/Respondent’s argument is self-serving.” (Isn’t that the objective? To play to one’s strengths?) To me, it’s more

Out-of-Office Messages

May 14, 2025

Dear all, This isn’t an out-of-office message from me, but rather a post about out-of-office messages. Here are some thoughts (as always, comments welcome): I appreciate it when other

Re: Greetings

May 7, 2025

Thank you, [name omitted]! (← YO, would you still use “Dear” here? I understand that this varies by region/jurisdiction/generation and am curious about where the lines are.) And [name

Re: Greetings

May 6, 2025

Ooooh, excellent question! “Dear Ms. Arbitrator” feels awkward to me, too. Listserv, what do you think? (To the arbitrators out there: as a reminder, if you’d prefer that I post a message

Re: Greetings

May 5, 2025

Dear all, Great points all around — thanks for sharing! As promised, here are some additional thoughts from me: For my part, I probably use “Dear X” most frequently; it’s become force of

Greetings

May 2, 2025

Dear all, I’m curious: what are your salutations of choice? Have they evolved over time? And, do you ever find (like I do) that your instincts are now different from those of compatriots

Re: [EXTERNAL] Re: [External] Re: YO Symposium on PhDs, Day 4…

May 1, 2025

For my part, I can’t speak to the PhD angle, but on writing (more broadly) a good friend once shared the following and it’s always stuck with me. In our heads, we may feel like the writing

Sports idioms

April 17, 2025

Dear all, In our field, one common piece of advice is to avoid local idioms. That makes good sense in theory. But, in practice, I’ve found that: Idioms can be stealthy , coming to mind

Wait, baseball?? Where is this going?

April 15, 2025

Dear all, Before we turn to the topic of baseball (which, as mentioned, will arise in a post that I’ve planned for this week), I figured I should give you some additional context. So,

Exclamation points?

April 8, 2025

Dear all, An exclamation point question: do you use them professionally? There are times when I do. But not everyone does (these are the sorts of things that jump out at you when you

Re: David Bowie and Young OGEMID

April 7, 2025

Hi Young OGEMID! It’s so great to be back — and, before anything else, I’d like to thank Stacie, too. Your leadership and camaraderie have made YO so special, and I’m very glad that you’re