With a decimated line-up of hosts, and a Corona-related delay in uploads, we close out the season on a strong note with Joel talking about the enforcement of awards that have been set aside [TIME 11:03] and Brian talking about the treaty to end all* treaties: the plurilateral EU treaty to terminate intra-EU investment BITs [TIME 29:08]. We close out the season with a discussion on domestic legal traditions and their influence in arbitration [TIME 45:07]. Thank you all for this season. Unless the...
Jun 17, 2020•Season 4Ep. 16
We’re all in greater London but of course we’re still not in the same room. Video recording will have to do, as we discuss the recent Draft Code of Conduct for Adjudicators in Investor-State Dispute Settlement, issued by ICSID and UNCITRAL [TIME 13:22], as well as the law governing the arbitration agreement, based on a recent judgment from the Court of Appeal in London [TIME 39:58]. Happy Fun Time gives the episode its name - who wants to be an arbitrator (and how do you become one)? [TIME 01:01...
May 12, 2020•1 hr 23 min
We are still in isolation but at some point we have to stop naming the episodes after that fact. This week, we talk about when and why to bifurcate arbitrations [TIME 09:24], umbrella clauses [TIME 37:20] and about motivating your team and colleagues in a these complicated times [TIME 01:04:58].Stay safe and healthy, arbitration friends!
Apr 28, 2020•1 hr 34 min•Season 4Ep. 14
Still in isolation, we return to some of the things that are currently occupying the arbitration community: what are the effects of our collective quarantine, in particular on hearings? [TIME 07:07] The second segment deals with potential investment treaty claims based on Covid-related measures [TIME 40:52]. For Happy Fun Time, we talk about pay freezes, bonuses and salaries in the wake of a potential recession [TIME 01:08:42]. Mentioned in the episode: The ICC Guidance Note on Possible Measures...
Apr 14, 2020•1 hr 24 min•Season 4Ep. 13
Recorded in isolation, we talk to each other as therapy. With all events and meetings cancelled or postponed, we try to simulate the ICC European Conference on International Arbitration by talking about two topics that would have been discussed on panels there (and might be this summer when it takes place): tariff wars and arbitration [TIME 11:20] and the European Green Deal (and the Stockholm Treaty Lab winners can be found here) [TIME 33:03]. We also try our best to remain happy and fun with a...
Mar 31, 2020•1 hr 17 min•Season 4Ep. 12
Sitting in the same room for once, we talk about transparency in investment arbitration (specifically the tribunal’s power to order it, as highlighted in the majority v. dissent in Rand Investments v. Serbia) [TIME 11:11]. Then, in these Covid times, we talk about how the current virus scare might lead to disputes under force majeure clauses in contracts [TIME 32:53]. Happy Fun Time is (once again) Brian Kotick show - to open plan or not to open plan? [Time 51:45].
Mar 03, 2020•1 hr 8 min•Season 4Ep. 11
This week we spend the most time on the epic battle of the seats currently playing out (again) - London v. Paris as the seat of arbitration, brought to the surface by Kabab-Ji S.A.L v. Kout Food Group in the UK Court of Appeal [TIME 13:23]. Then, for Happy Fun Time, Brian gives us the summary of his doctoral dissertation, which is focused on the profound issue of short commands: how to optimise your drafting in Microsoft Word [TIME 47:26].(The Latham & Watkins Book of Jargon in International...
Feb 18, 2020•1 hr 8 min•Season 4Ep. 10
Brian tells us about security for costs, a topic relevant for both commercial and investment arbitration [TIME 08:28]. Then follows an interview with Diego Gotis, whom Saadia spoke to in Vienna [TIME 34:14]. The last segment is always a Happy Fun one, this time about tone and culture in the field of arbitration - what we wished someone had told us earlier in our careers…[TIME: 1:08:28]. Also, watch out for the fire alarm at Saadia’s office towards the end!
Feb 04, 2020•Season 4Ep. 9
Back from the holidays, we kick off the new decade with two separate discussions that involve timing: first, the temporal application of investment treaties [TIME 10:02] inspired by a recent arbitral award, secondly when and how can a state’s failure to respect obligations in a commercial arbitration award be the basis for an investment treaty claim [TIME 32:17]? Happy Fun Time then is about our (arbitration-related) resolutions for the new year [TIME 56:29].
Jan 21, 2020•1 hr 13 min•Season 4Ep. 8
Happy holidays, arbitration nerds! From the International Arbitration Center in London, Brian and Saadia call up Joel and it has to be said: Joel’s audio is below par. It’s a work in progress figuring out recording from a new place. Luckily, Joel pre-recorded an interview with Kathleen Claussen about WTO dispute resolution and in particular the recent crisis in the Appellate Body [TIME 8:20]. Then Saadia takes us on a tour of the intersection between religion and arbitration [TIME 31:55], before...
Dec 17, 2019•1 hr 13 min•Season 4Ep. 7
The episode’s substantive segment is the ICSID Roster, and appointments in ICSID cases generally (inspired by a recent blog post about the nationality of arbitrators designated by states) - what is the ICSID Roster, how does one get on it and how does ICSID use it [TIME 12:18]? Then, Happy Fun Time is about law firm pitching/competing for business [TIME 41:57]. Yes, we’re working on a new intro to reflect the arrival of the amazing Saadia Bhatty!
Dec 03, 2019•1 hr 7 min•Season 4Ep. 6
Spread over the world, we fight for the upper hand in our new co-host chemistry. Saadia has interviewed Jaroslav Kudrna [TIME 12:08] from the Czech Ministry of Finance, about the state’s experience as respondent in investment arbitrations. Brian then discusses denial of benefits in investment treaties [TIME 45:34], before we go HFT [TIME 1:06:22] and discuss a question sent in by a listener: what happens when you move jurisdictions?...
Nov 19, 2019•1 hr 28 min•Season 4Ep. 5
Saadia and Joel have been to Vienna for the UNCITRAL Working Group, and took the chance to talk to Julian Arato about shareholder claims in investment treaty arbitration [TIME 8:48]. Brian quizzes the others about double-hatters (Joel calls in without a microphone - sorry for sound quality), [TIME 32:58] while HFT is a nerd bonanza on fonts and formatting in legal writing [TIME 1:00:33].
Nov 04, 2019•1 hr 16 min•Season 4Ep. 4
There are three of us! Saadia Bhatty is the new co-host and enters the podcast with full force. This historic episode begins with a discussion about the largest arbitral awards in history [TIME: 11:11], followed by Saadia’s premier segment: institutional v. ad hoc arbitration [TIME 34:05]. For Happy Fun Time, we use World Mental Health Day as a reason to discuss lawyers’ mental health with Elizabeth Rimmer from Lawcare [TIME 1:01:00].[In the discussion on largest awards, Joel is wrong about the ...
Oct 21, 2019•1 hr 22 min•Season 4Ep. 3
In the final episode with only two co-hosts, we call up GDPR oracle Emily Hay for a discussion on how the data protection directive GDPR comes into play in international arbitration. Joel then speculates about arbitral awards as assets - how much do they cost and what rules govern their acquisition? For Happy Fun Time, Brian complains about having to work on vacation, but what is really expected of arbitration lawyers in terms of holiday work?
Oct 08, 2019•1 hr 8 min•Season 4Ep. 2
The Arbitration Station is back in business! A lot has happened over the summer: Jay-Z (almost) has notified Norway of an arbitration, Vannin Capital was sold and Joel got to lecture The Economist in print. We catch up on the summer news, thanks in part to IAReporter’s summer recap. Then, Brian has a few words about the declarations by public officials and how those play into investment arbitration. The first Happy Fun Time of the season: DATING IN ARBITRATION!
Sep 24, 2019•59 min•Season 4Ep. 1
In the final episode of Season 3, we spend a little time on investment legislation, and more specifically consent to arbitration located in investment laws [TIME 9:03]. More time is spent on the second iteration of the book club: Joel has re-read Dealing in Virtue and tries to convince Brian that it is a must-read [TIME 30:20]. For the final HFT of the season, we’re joined by two colleagues of Brian’s who tell us about the UK training scheme for qualifying lawyers [TIME 59:50]. The Arbitration S...
Apr 30, 2019•1 hr 26 min•Season 3Ep. 16
The Arbitration Station is in Washington, to debate the allocation of costs from the podium of a conference. In this episode, we do a dress rehearsal of our respective arguments (should cost follow the event?). We also sneak in some gossip from UNCITRAL Working Group III in New York, as well as a short interview with Alexis Mourre from the ICC. Happy Fun Time closes out the episode, focusing on the impostor syndrome that we all suffer from.
Apr 09, 2019•1 hr 12 min•Season 3Ep. 15
Joel is a doctor now, and we talk about how that happened. Then, the only substantive segment is a big one - non-participating parties (and a little bit about non-participating arbitrators): how is the arbitral procedure affected by the fact that one party does not participate [TIME 23:32]? Happy Fun Time is based on a listener tip: humour in arbitration. Can you be funny in arbitration, and should you try [TIME 56:48]?
Mar 26, 2019•1 hr 13 min•Season 3Ep. 14
In this episode we address two issues that will also be discussed at the 3rd ICC European Conference on International Arbitration on 1 April: sanctions [TIME 12:25] and mandatory rules [TIME 36:53]. The Happy Fun Time segment is devoted to hearing preparations, where Brian has a thing or two to teach Joel about how the real world works for (junior) arbitration counsel [TIME 53:40].
Mar 12, 2019•1 hr 12 min•Season 3Ep. 13
The book club gets a mini-start with Arbitration Without Privity, a classic article by Jan Paulsson [TIME 11:27]. Then, we turn our attention to considerations of proportionality in investment arbitration [TIME 33:49]. Happy Fun Time is about wellness: how to stay healthy and sane in a fast-moving arbitration world? A hint: you do not have to be marathon runner (unless you want to).
Feb 26, 2019•1 hr 12 min•Season 3Ep. 12
Back from a one-week hiatus, we take on two substantive topics: sovereign immunity (from enforcement) [TIME 14:39] and tribunals’ powers to reconsider decisions made during the course of the arbitration [TIME 40:41]. The final segment is HFT, in which we discuss the peculiarities of teaching international arbitration [TIME 58:35]. Mentioned in the episode: Rishab Raheja Joel’s IAR analyses of the TANESCO and Perenco cases....
Feb 12, 2019•1 hr 18 min•Season 3Ep. 11
In an extra-long episode, we first cover two specific international instruments: CISG [TIME 14:28] and ICSID AF [TIME 33:20] (two acronyms you should know). The primary reason for the movie-length episode, however, is Happy Fun Time, which this week is about LGBTQ+ issues in the field of arbitration [TIME 50:33]. For this segment, we are rejoined by Quantum Boy Michael Kotrly, as well as several testimonials from listeners sharing their experience.
Jan 22, 2019•1 hr 29 min•Season 3Ep. 10
Joel convinces Brian that service of notice is a sufficiently sexy topic to deserve a segment of its own [TIME 7:34]. Brian then teaches Joel about the group of companies doctrine, based on a recent case from India [Time 27:13]. The Happy Fun Time topic is fake arbitration - how easy is it to manufacture an arbitration or forge an arbitral award? We discuss these questions, based on stories of people who have tried [TIME 46:43].
Jan 08, 2019•1 hr 2 min•Season 3Ep. 9
With the discipline one can only acquire in Big Law, one half of the host duo invites two guests for a holiday special. In Brian’s London office, he talks to Gloria Alvarez and Manuel Casas. First, Gloria focuses on ECT reform in the light of the Achmea judgment [12:10]. Manuel then takes on some recent ICJ case law with relevance for international (investment) arbitration [39:00]. The three then together re-brand HFT as La Hora Feliz, which is about Latin American developments in international ...
Dec 25, 2018•1 hr 26 min•Season 3Ep. 8
With no guests to help out, Brian and Joel try to nail jello to the wall by explaining the outlines of a tribunal’s power to draw adverse inferences [13:28]. The second substantive segment is art arbitration - a topic very much in the news lately [37:49]. For Happy Fun Time [59:07], we go through some of the badly written arbitration clauses which were submitted by listeners, and use that as a basis for a discussion on clause drafting.
Dec 11, 2018•Season 3Ep. 7
FINALLY we get a chance to talk to the Wayne Gretzky of arbitration podcasts - Michael McIlwrath. In addition to a long career as a disputes lawyer at a multinational company, Mike keeps busy on several fronts. Most notably for us, he ran a well-known podcast about alternative dispute resolution, the IDN podcast (found here), between 2007-2011. In a departure from our typical three topics, we talk to Mike about two things: first, about the Prague Rules, which attempt to insert some “civil law fl...
Nov 26, 2018•1 hr 29 min•Season 3Ep. 6
We discuss corruption in international arbitration [TIME 14:38]. In the second segment, Brian interviews Philippe Pinsolle about interim measures [TIME 37:00]. In the HFT segment, we discuss local counsel: how are they involved in the arbitration, what is their relationship to international counsel, and – most importantly – are international counsel better than local counsel? [TIME 57:24] Also: open call for submissions! Send us your favorite bad arbitration clauses to thearbitrationstation @ gm...
Nov 13, 2018•1 hr 15 min•Season 3Ep. 5
We take on one current topic (issue conflicts) and one more historical (Iran-United States Claims Tribunal). For the latter topic, we are joined by former Tribunal clerk Jawad Ahmad, who also stays on for Happy Fun Time, during which we discuss travel tips and preferences (did you know that Brian keeps a spare double of his toiletries, solely for the purpose of travel?)
Oct 30, 2018•1 hr 15 min•Season 3Ep. 4
We discuss one of the core principles of arbitration, namely the one that provides that arbitrators are competent to determine their own competence [TIME 7:10]. Second, we interview Carita Wallgren-Lindholm about the ICC, Chair of the ICC Arbitration and ADR Commission, in an effort to get a better grasp of how the world’s biggest international arbitration institution works [TIME 27:26] (for this segment, Joel calls in on a conferencing system so we apologize for the level of his interventions, ...
Oct 16, 2018•1 hr 14 min•Season 3Ep. 3
