Spotlight on Justin D'Agostino

The ICC has a long history dating back more than a century. What do you think has enabled it to remain such an influential global institution?

I would point to three things: a clear sense of purpose, a readiness to evolve, and a truly international approach.

The ICC was founded to help business navigate the challenges and seize the opportunities of global trade, and that mission remains at the core of everything it does. It is arguably more important today than at any time in its long history. Businesses are operating in an environment shaped by geopolitical uncertainty, regulatory fragmentation, supply-chain disruption, climate transition and rapid technological change – precisely the kind of environment in which the ICC's ability to convene, guide and advocate for business is so valuable.

At the same time, the ICC has adapted to the challenges businesses face today – for example, through its activities in areas such as digital trade, sustainability, and technological transformation. 

And, the ICC's work and reach are genuinely global. It represents more than 45 million businesses of different sizes and sectors in over 170 countries. It also works closely with organisations such as the UN, the WTO, and the G20. That breadth of representation underpins the ICC's legitimacy and the trust it commands among businesses around the world.

Many readers may know the ICC best for its arbitration services. How do you see ICC arbitration evolving in the coming years?

The ICC International Court of Arbitration has played a central role in the development of international arbitration for many decades. The size of its caseload and the geographical diversity of parties and arbitrators are testament to its enduring popularity and international character. The rigorous scrutiny process remains a notable distinguishing feature, especially in an age of increased challenges to awards.

You were awarded Hong Kong’s Medal of Honour for your contribution to international arbitration, and have combined a successful career as a lawyer with senior leadership roles. How has that shaped the perspective you bring to the ICC?

I have been blessed with a truly international career in a range of roles during my time with the firm, from my first legal job as a paralegal (when I was 18 years old on my gap year!) to my current role as Global CEO. I have been based in London, Bangkok, Singapore, and Hong Kong, have taught as a Visiting Professor at Tsinghua University in Beijing, and have been privileged to spend considerable time in all the other jurisdictions where we have offices around the world, including Australia, EMEA and the US. Those experiences have underscored the importance of understanding different cultures, legal systems and ways of doing business. I think it has also taught me to be curious and to look for different and better ways of doing things. That has really helped me in my current role where I oversee businesses in so many different jurisdictions.

In my current role, I also spend a great deal of time thinking about how the firm and our clients can adapt to and thrive in a fast-changing environment. I am especially proud that, during my time as Global CEO, the firm has grown significantly, completed the transformational combination between Herbert Smith Freehills and Kramer Levin, and continued to invest in our digital legal delivery practice and the latest AI technology. 

Those perspectives are highly relevant to the ICC's work bringing together businesses, institutions and policymakers from different regions and sectors at a time of significant global change.

What do you see as the top priority for the ICC during your term as Vice-Chair?

Helping business to navigate the increasingly complex and fast-changing global environment. I would separate that into two key strands.

First, fragmentation and uncertainty. We are seeing an increase in geopolitical tensions and armed conflict, shifting trade relationships and regulatory divergence. Issues like trade restrictions, sanctions, supply-chain disruption and energy security increasingly intersect with commercial decision-making in ways that many would not have anticipated a decade ago. These issues affect how businesses manage supply chains, make investment decisions, allocate risk, structure contracts, and resolve disputes.

Second, rapid technological change, especially the AI revolution. AI is already changing the way in which businesses are resourced, operate and deliver goods and services, and is rapidly becoming embedded into many aspects of legal work, including arbitration. It also raises difficult questions around governance, accountability, transparency, data management, cybersecurity, intellectual property and the responsible use of technology across borders. Crucially, this AI revolution needs to be human-centred and human-led; human oversight and relationships are vital if we are to use AI responsibly. As AI tools become more widely-adopted in arbitration, for example, they have tremendous potential to improve the efficiency and effectiveness of the process, whilst also giving rise to a range of new risks in areas such as accuracy and verification of information, data security, confidentiality, privilege and arbitral decision-making. The onus is therefore on all participants to understand the legal and ethical implications of using AI in arbitral proceedings, and to play an active part in developing and implementing best practices in order to maintain the integrity of the arbitral process.

The ICC has an important role to play in both areas. It can bring together businesses, policymakers and institutions across jurisdictions and sectors, and translate their experience into practical guidance, standards, model clauses and policy advocacy.

What would you have done if you had not pursued a career in the law?

I love the performing arts and have always had a particular passion for the theatre. Perhaps that's unsurprising, because there are so many similarities between the qualities needed for success in the law and on the stage! Both are true professions involving a vocation for the work. And both require commitment, discipline and adaptability – including the ability to see things from different perspectives and put yourself in someone else's shoes.