The Silence Before the Words
March 26, 2025
The Silence Before the Words - A Criminal Defense Attorney's Reflections
There is a moment in every trial when time slows. The air is thick with anticipation, the courtroom walls closing in like witnesses to the weight of justice. I rise from my chair, smoothing the fabric of my gown, and feeling the solid ground beneath my feet. The sound of my own breath is the only thing I hear as I step forward. The silence is absolute.
I take my place at the center, facing the judge. The weight of three years of injustice bears down on my client who sits before me. She has lived in the shadow of false accusations, trapped in a narrative that was never hers. Today, I speak for her. I carry her truth in my voice, in my words, in the cadence of my speech.
The courtroom is still as I begin.
A closing argument is more than just legal reasoning. It is a call for justice. It is the moment when the law ceases to be abstract and becomes something living, something human. I do not merely recite facts and statutes—I fight for my client’s dignity, for what was taken from her. Every word is measured, every pause intentional, each silence a reminder of what is at stake.
As I deliver my final words, I glance at my client. Tears line her eyes. In that moment, I know she feels heard. She is no longer alone in this battle. And no matter what happens next, she knows that someone stood for her, fought for her, refused to let her be reduced to a false accusation.
It is days like this that remind me why I chose this path. It is not the victories alone, nor the legal battles won. It is the sacred duty of standing before the court and speaking truth into the silence. It is the knowledge that my words, my voice, can carry the weight of another’s burden, and transform it into something powerful.
For my fellow criminal defense attorneys, this is what we fight for: not just cases, but lives. And for those who find themselves falsely accused, know this: you are not alone. The courtroom may be cold, the system broken and unforgiving, but there are those of us who stand, unwavering, in the silence before the words, ready to fight for you.
Because justice is not just a principle. It is a voice. And today, it was heard.
Global Arbitration Review (GAR) recently reported on two decisions by the Swiss Federal Supreme Court concerning a US$211 billion investment treaty claim against the Commonwealth of Australia . Shayan Farhad acted as legal counsel to the claimant, Singapore-registered holding company Zeph Investments Pte. Ltd. , in the Swiss set-aside and revision proceedings. The Scale of the Dispute Unprecedented Claims: The underlying UNCITRAL arbitration involved a claim valued at US$211 billion (A$300 billion) brought under the ASEAN-Australia-New Zealand Free Trade Agreement (AANZFTA) regarding the Balmoral South iron ore project in Western Australia. Interrelated Multi-Billion Dollar Arbitrations: The challenge forms part of a broader series of four treaty claims seeking over US$290 billion in total damages relating to major energy and mining developments. Prominent Arbitral Tribunal: The underlying Geneva-seated award was issued by a tribunal chaired by Swiss arbitrator Gabrielle Kaufmann-Kohler, together with William Kirtley and Donald McRae. Key Issues Before the Swiss Supreme Court Representing Zeph Investments before Switzerland's highest judicial authority, Shayan Farhad advanced arguments addressing complex questions of public international law and Swiss arbitration civil procedure: Interpretation of Investment Treaties: The Court reviewed the tribunal's interpretation of "covered investment" and "contribution" requirements under the AANZFTA, specifically regarding share swaps, corporate restructurings, and management actions. Procedural Safeguards & Review: The applications raised critical questions concerning arbitrator time commitment, independence and impartiality standards, and procedural rights under Swiss arbitration law. While the Swiss Federal Supreme Court ultimately dismissed the set-aside and revision applications and upheld the jurisdictional award, the litigation represents one of the largest and most complex investment treaty disputes ever brought before the Swiss courts. Demonstrating High-Stakes Cross-Border Expertise Handling challenges of this magnitude before the highest judicial authority in Switzerland highlights Shayan Farhad and FARLEGAL's core mission: providing boutique, high-caliber legal representation in complex, ultra-high-stakes international disputes. The full articles can be accessed on the Global Arbitration Review (GAR) platform: Mining magnate fails to revive mega-claim against Australia More light on mining investor’s failure to revive mega-claim - Global Arbitration Review
À l'occasion de la condamnation par défaut de Tariq Ramadan par la justice française, Le Matin Dimanche a sollicité Me Shayan Farhad en qualité d'experte en entraide internationale en matière pénale pour analyser les instruments juridiques applicables.