Meet Charles “Chip” Brower, Distinguished Service Professor

Charles Brower: Before coming to Wayne Law, I was Croft Professor of International Law at the University of Mississippi for fourteen years. Initially, I chose to move to Wayne and to Michigan because I wanted my daughter to live in a community where she would have a wider range of opportunities. Also, I knew Wayne Law was a place that takes both teaching and scholarship seriously. In addition, I was excited to become part of a legal community where I could make a difference, as I have through my work at Miller Canfield.

Over the years, my role has grown in ways I could not have predicted. I have stood on the shoulders of great men and women who gave the Institute for Transnational Arbitration a reputation for sustained excellence. I work closely with brilliant leaders internationally. I have learned more than I ever expected about organizational leadership. I have started to chair international arbitral tribunals in significant matters with some of the most respected co-arbitrators in the country. And I received the Smit-Lowenfeld Prize for my scholarship in my first and in my most recent years at Wayne Law. Most importantly, I try to bring that real-world experience into the classroom. It makes me a better teacher and mentor to the fantastic groups of students I have come to know and admire over the past fourteen years.

WL: Wayne Law has developed a strong reputation in international arbitration and international law. How has your work contributed to that growth, and what makes Wayne stand out in those fields?

CB: I have always thrived at the intersection of theory and practice. I have served as arbitrator, counsel, and advocate under major institutional rules such as the American Arbitration Association, the International Chamber of Commerce, the Hong Kong International Arbitration Centre, the Singapore International Arbitration Centre, and in advisory proceedings before the International Court of Justice. I have also led one of the world’s most significant professional organizations for international arbitration. Those experiences shape how I teach, and how I write.

Wayne stands out because we do not treat international arbitration and international law as abstract topics. We approach them as forces that shape real transactions and disputes with real consequences for real people. When scholarship from Wayne is cited by international tribunals and by federal courts in the United States and Canada, it demonstrates that academic work can bend the arc of justice. I am proud to be part of that.

WL: You are the first scholar ever to win the Smit-Lowenfeld Prize twice. What does that award represent, and what did it mean to you to receive it again?

CB: The Smit-Lowenfeld Prize recognizes the best article of the year in international arbitration worldwide. It is peer-reviewed, blind reviewed, and involves consideration of over 250 manuscripts, so the focus is entirely on the quality and significance of the work. That makes it especially meaningful.

Winning it the first time in 2012 was an honor. Winning it again for my recent article on remedies in international commercial arbitration was humbling. Remedies are the single most important issue in any international arbitration. Yet remedies are surprisingly undertheorized and often unpredictable in practice. I wanted to offer a clearer perspective. The fact that the article floated to the top tells me this is an issue that is ripe for more serious consideration and deeper understanding.

WL: Your scholarship has been cited by federal courts in both the United States and Canada. What is it like to see your academic work influence judicial decisions?

CB: It is incredibly gratifying. As a scholar, you never know where your words will land, whether they will be seen, or if they will move the needle on understanding. When a federal appellate court sitting en banc cites your analysis, it is a powerful reminder that careful, thoughtful writing can shape outcomes.

For me, it reinforces the idea that scholarship should offer guidance that produces real consequences in the world.

WL: You serve as Chair of the Institute for Transnational Arbitration, one of the leading organizations in the world in this field. What does that role mean to you, especially as one of the very few academics to hold it?

CB: The ITA is the most significant professional organization in the Americas, and one of the most significant in the world. It brings together top practitioners, arbitrators, in-house counsel, consulting experts, academics, and government officials to elevate the practice of international arbitration. It opportunities for members to become real leaders with real responsibilities. And it is a genuine community where people develop significant professional and personal ties that sustain them over the course of a career.

Most ITA Chairs have been practice leaders at top-tier firms. Being one of only three academics ever to serve in that role is humbling and challenging in the very best sense of the term. I am constantly growing. But I think my academic background helps me to connect our practical work back to values, to aspirations, and to the higher purpose law serves in building and sustaining civilization. At the same time, ITA is very grounded in practice. Programs like the ITA’s Annual Workshop, the ITA-IEL-ICC Joint Energy Conference, the ITA Mining Conference, and the ITA-ASIL-ICSID Conference are known for their sophistication and depth of thought in addressing difficult problems. It is exciting to play a role in facilitating conversations that shape practice globally.

WL: What advice would you give to students or young lawyers who want to pursue a career in international arbitration?

CB: First, master the fundamentals. Take challenging courts that reflect an interest in what businesses actually do. That means not just contracts, remedies, and procedure, but also accounting, antitrust, bankruptcy, business organizations, securities regulation and taxation. There is no shortcut around hard work, excellence, and a knowledge of the legal environments in which clients operate.

Second, develop experience in working with international and cross-cultural teams. My own path included studying Russian, having a fellowship at Moscow State University, handling production planning and materials management for a medium-size joint venture between Polaroid and the Russian Ministry of Atomic Energy, serving on an observer delegation to UNCITRAL Working Group II, appearing in proceedings at the International Court of Justice, and leading an organization with members from dozens of countries on six continents. International arbitration requires a facility for understanding, and working with, people from different legal cultures.

Finally, be patient, live by your values, and build trust over time. Building trust requires integrity and consistency. People have to believe you share their values. But they also have to believe they can count on you to make good decisions. All the time. If you focus on doing excellent work, developing judgment, being generous, and treating people well, opportunities tend to follow.