The Arbitration Station
The Arbitration Station is a podcast focused on international arbitration, exploring both investment and commercial disputes. It blends substantive legal analysis with lighter, more informal commentary. The show is hosted by Brian Kotick, Saadia Bhatty, and Joel Dahlquist.
Episodes
Season 8 Episode 6 - Happiness Is an Inside Job
Sadia talks to Anthony Charlton, a chartered forensic accountant and leading quantum/valuation expert witness, about what makes expert evidence persuasive and how counsel can get the best from their experts. Anthony shares insights on maintaining independence and on what it takes to become a great expert [TIME 6:44].For Happy Fun Time, Sadia and Brian discuss “How the Busiest People Find Joy”, a H
Season 8 Episode 5 - Life Beyond the Hearings
Brian opens with a sit-down interview featuring Kevin Nash, the LCIA’s new Director-General, for an inside look at where the institution, and London as a seat, are heading. Kevin shares his roadmap for updating the LCIA Rules, harnessing technology, and broadening the caseload beyond its traditional strongholds, while reflecting on why he believes London remains arbitration’s global crossroads [TI
Season 8 Episode 4 - The Desert Seats
No Happy Fun Time this week, just a deep-dive. Brian sits down with Dimitriy Mednikov, an international-arbitration specialist at Habib Al Mulla & Partners in Dubai, together they decode the UAE’s three-tier system: on-shore courts, the DIFC, and the ADGM [TIME 01:56]. Expect candid takes on why the DIFC often serves as a “conduit” for enforcing foreign awards and on how ADGM’s wholesale adopt
Season 8 Episode 3 - Funding 101
Brian and Sadia kick things off with Ayse Yazır ACII of Bench Walk Advisors for a beginner-friendly masterclass on third-party funding: what it is, why you might want it, and how to land it without losing control of your case [TIME 07:57]. In Happy Fun Time, the co-hosts turn a critical eye to The Economist’s “Conference Survival Handbook,” separating smart advice from questionable hacks and shar
Season 8 Episode 2 - The Injunction Junction
Brian kicks things off by welcoming David Hunt of Boies Schiller Flexner to unpack the ever-spicier topic of anti-suit injunctions, using the UK Supreme Court’s decision in UniCredit Bank GmbH v RusChemAlliance LLC as a springboard [TIME 13:18]. They explore how the case intersects with the proposed revisions to the Arbitration Act 1996, revisit Enka v Chubb, and debate whether the English courts’
Season 8 Episode 1 - LIDW 2025 Countdown
In our season opener, Sadia welcomes back Professor Loukas Mistelis, a senior international‑arbitration partner at Clyde & Co, professor of transnational dispute resolution at Queen Mary University of London, and newly appointed co‑chair of London International Disputes Week (LIDW), to talk about how this year’s programme was designed, the thinking behind its themes, and the innovative approac
Season 8 - Teaser
We are back!
Season 8 Teaser
Season 7 Episode 13 - Judging Iran
In this festive special episode, Brian and Joel welcome a notable guest, Hon. Charles N. Brower, to their book club gathering [TIME 05:12]. The episode centers around Judge Brower’s memoir, "Judging Iran: A Memoir of the Hague, the White House, and Life on the Front Line of International Justice." The hosts engage in a deep dive into the Judge's rich experiences and perspectives, exploring his sig
Season 7 Episode 12 - The TPF Shake-Up?
Saadia is back! To welcome her back, Brian discusses the relatively recent UK Supreme Court judgement that has caused a shake-up for third-party funders [TIME 02:52]. But are the consequences as far reaching as originally expected? For HFT, Brian and Saadia discuss the "who, what, when and why" for requesting extensions in arbitration [TIME 20:26].
Season 7 Episode 11 - What’s the “Matter”?
We are happy to welcome Joel back into your ears - albeit briefly - for another great episode. Brian interviews Mark Tushingham from Twenty Essex about two simultaneous decisions handed down by the UK Supreme Court and Privy Council grappling with the interpretation of Section 9 of the Arbitration Act [TIME 04:40]. For HFT, we welcome back Jon Passaro who will coach us on how to invest time now to
Season 7 Episode 10 - The Early Dismissal
In this episode, Brian and Jan delve into the nuances of early dismissal applications in international arbitration. They discuss the ethical and strategic considerations that emerge from such applications [TIME 03:05]. During the Happy Fun Time segment, Brian offers his insights on conditional fee arrangements and explores other innovative fee arrangement types between arbitration lawyers and thei
Season 7 Episode 9 - The Representation Station
Brian and Jan are back for another entertaining episode. Brian first interviews Duncan Pickard about recent challenges concerning the representation of Member States at the United Nations [TIME 04:13]. Brian and Jan then react to the contribution from our listenership as they complete the sentence: “You know you work in arbitration when…” [TIME 36:03].
Season 7 Episode 8 - The Programming Language
In this packed episode, Brian dives into a thought-provoking discussion with Tim Robbins, exploring the intricacies of efficiency in arbitration [TIME 05:49]. We’re also joined by Simon Camilleri, who brings us keen insights into the Law Commission’s final report on the reform of the English Arbitration Act 1996 [TIME 36:58]. And stick around for our Happy Fun Time segment, where Brian and Jan dem
Season 7 Episode 7 - From Caracas with Love
Groove back into gear, Arbitration Nation, because we are rolling back after our sunny summer siesta! First up, Brian speaks to Andrew Fulton KC and Manuel Casas, as they dive deep into a tale of politics intertwining with international law, the Maduro Saga [TIME 05:22]. For Happy Fun Time, Brian and Jan will be discussing the latest shifts in the WFH policies which are making waves in the legal i
Summer Break
Summer Break
Season 7 Episode 6 - The Excess of Mandate
We hope everyone is enjoying their summer holiday (if you're fortunate enough to have one)! As you relax, we have another great episode for you. First, Brian treats us to a review of the partial annulment of the Khudyan v. Armenia award concerning issues of dual nationality [TIME 6:35]. For HFT, we invite back Jonathan Passaro for another great interview concerning the dreaded annual reviews [TIME
Season 7 Episode 5 - The Crippling Arbitration
In Episode 5, Saadia introduces a news-worthy update about the multi-jurisdictional saga regarding the recognition and enforcement of a USD 15 billion arbitration award issued between the heirs of the Sultan of Sulu and Malaysia [TIME 06:16]. Then, for HFT, Brian recounts the trials and tribulations of file sharing and how institutions are adapting their technology to facilitate case management [T
Season 7 Episode 4 - The Arbitrage Station
With a full suite of co-hosts, we tackle a question that has bothered us all: why do people confuse arbitration with arbitrage [TIME 34:12]? But before that, we engage in another Arbitration Book Club discussion, this time based on our reading of Mikaël Schinazi’s book The Three Ages of International Commercial Arbitration [TIME 03:31].For those who, like us, remain confused please see the followi
Season 7 Episode 3 - Challenge Paranoia
In Episode 3, Brian welcomes the first interview of the season, Simon Camilleri [TIME 06:40], who introduces the proposed reforms to the English Arbitration Act of 1996. We discuss the consultation process and our personal views on the need and adequacy of the reforms. Then, for HFT [TIME 27:24], Brian and Saadia discuss how close is too close in the arbitration community - are we victims of chall
Season 7 Episode 2 - The Ambulance Station
Season 7 Episode 1 - The AI Station
We’re back in business, with a slightly changed format: shorter, snappier, and a semi-retired Joel. In this first episode, we discuss how different aspects of recent technology advancements influences the practice of arbitration. Brian first discusses the development toward decentralised autonomous organisations [TIME 05:27], before the season’s first Happy Fun Time addresses how AI tools are chan
Kluwer Arbitration Blog Quiz
Kluwer Arbitration Blog Quiz: According to arbitration historian Derek Roebuck, what practice was widely used during the reign of her majesty Queen Elizabeth I to avoid the involvement of the Crown in disputes? This was one of the questions asked at the first ever live Kluwer Arbitration Blog Quiz. If you are scratching your head for the answer, fear not, we captured the whole event live!
ICCA 2022 Mini-Series - Part 6
ICCA 2022 Mini-Series - Part 6: Last but certainly not least, Saadia interviews Mahnaz Malik, barrister at Twenty Essex in London. Saadia and Mahnaz discuss whether arbitration is suffering from a mid-life crisis, how the field has evolved since its inception and the key changes we can expect to see in the future.
ICCA 2022 Mini-Series - Part 5
ICCA 2022 Mini-Series - Part 5: In our fifth instalment, we interviewed a Scottish local (well, sort of). James Hope, a Partner at Vinge in Stockholm, sits down to discuss the progress of fairness and diversity in arbitration. He specifically reflects on the importance of the rule of law, even in war times, and arbitration as being a tool for peace.
ICCA 2022 Mini-Series - Part 4
ICCA 2022 Mini-Series - Part 4: In our fourth instalment, we spoke to the only sociologist in the room…well, at least one of very few. We sit down with Florian Grisel, Associate Professor of Socio-Legal Studies at Oxford University, who spoke to us about some sociological perspectives of international arbitration. Can arbitration practitioners learn from a dialogue with sociology? Listen to this e
ICCA 2022 Mini-Series - Part 3
ICCA 2022 Mini-Series - Part 3: In our third instalment, we interview Wolf Von Kumer, a leading independent arbitrator/mediator with Arbitra International. Wolf spoke with Brian about recent developments in the energy sector and how the energy transition will create new opportunities for the use of (mixed mode) mediation in Investor-State disputes.
ICCA 2022 Mini-Series - Part 2
In our second instalment, we shift our focus to another region - Latin America. Eduardo Zuleta joins us to discuss certain actions of constitutionality that have shaped the practice of both commercial and investment arbitration in the region.
ICCA 2022 Mini-Series - Part 1
Welcome to the ICCA 2022 Mini-Series! Similar to our broadcast from Sydney, we were kindly invited by the organizers of the ICCA 2022 Congress in Edinburgh to participate as media sponsors and broadcast interviews of panelists who spoke at the conference. In the first episode, we wanted to give you an interview that was emblematic of the Congress' theme - the Age of Enlightenment. We interviewed
The Ukraine Special
We could not help ourselves – we had to come back with a mid-season special. In this special episode, we talk to Krystyna Khripkova regarding the current state of play for Ukrainian arbitration firms and practitioners, both in Ukraine and abroad [Time 07:42]. We also wanted to take this opportunity to invite anyone and everyone to register for the 2022 ICCA Congress in Edinburgh on 18-21 September
Episode 100 - The Meta Station
Five years and 99 episodes later, three co-hosts and one producer/editor sit down to evaluate what we have done so far. We look back to high and low points from earlier episodes, enjoy a few messages from listeners and hear Brian speak offensive mock-French at least three times.
Warning - consider the episode a summer bonus, because there’s very little fresh arbitration content in this one! We
Season 6 Episode 14 - The Attorney-Client Relationship
The Arbitration Station is getting very close to the big three digits - Episode 100 is just around the corner. For now, we discuss ordre public/public policy/public order/IPO (there’s some terminology confusion on this point) as well as standard of review based on a recent French court decision on the review of an investment treaty award [TIME: 9:15]. The second topic is related, and concerns ho
Season 6 Episode 13 - The Foreign Law
With no guests and (almost) no preparation, Saadia, Brian and Joel discuss three issues and ask more questions than they are giving answers. First up is the ICC Court’s scrutiny of draft arbitral awards [TIME 10:50], followed by tribunals’ power to disqualify counsel [TIME 29:14]. Happy Fun Time gives the episode its name: how do we plead (and decide cases) based on foreign law, i.e. a law that we
Season 6 Episode 12 - The Billable Hour
Hola nerd amigos! We talk to Mohammad Tavana about the application of Sharia law in international arbitration [TIME 07:44]. Then Saadia, just back from a trip to Rwanda and Cote d’Ivoire, discusses some of the investment law and arbitration related trends on the African continent, in particular the AfCFTA treaty [TIME 35:46]. Our Happy Fun Time topic gives the episode its name (it could also have
Season 6 Episode 11 - The French Connection
With Joel on holiday, the others talk about one of the more crucial early steps of any arbitration - the advance on costs [TIME 07:33]. We then interview, much overdue, Dorieke Overduin, Senior Legal Advisor with the Dutch Ministerie van Economische Zaken en Klimaat about her work with drafting the Dutch Model BIT and about the role and function of model BITs more generally [TIME 27:19]. Saadia an
Season 6 Episode 10 - The Uncharted Territory
We manage to clock in under an hour, by restricting ourselves to two topics. First, we discuss the notion of territory in investment arbitration, from several different angles that cover both annexations and the metaverse [TIME 11:21]. We then discuss experts for Happy Fun Time, more precisely how to shop for them, how to find them and how to replace them in an arbitration TIME[34:14].PS: With eer
Season 6 Episode 9 - The Counsel Withdrawal
First, we're introducing our new guest correspondent Leonor (familiar to loyal listeners), who talks to Lucy Greenwood about how the Green Pledge has morphed and how it is implemented in the real world [TIME 11:40]
The three co-hosts then discuss an issue which is very top of the international arbitration community’s mind in times of war and sanctions: counsel withdrawal [TIME 38:41].
As alwa
Intermission - The War
No (normal) Arbitration Station episode this week. A country where we all have friends and colleagues - and where there’s a very strong arbitration community - is under attack and we could not bring ourselves to record our prepared segments or have a Happy Fun Time.
There will be reasons to return to the many legal issues arising out of this war, but now is not the time. Now is the time to be hu
Season 6 Episode 8 - The Settlements
After trying for several seasons, Joel manages to finally talk the others into recording a somewhat shorter episode. We achieve this by focusing on only one substantive topic, namely settlements - when, how and why do arbitrations settle [TIME 07:09]? Happy Fun Time is about what to do when you don’t have anything to do, or more precisely: how to allow yourself to relax in an otherwise stressful l
Season 6 Episode 7 - The Unity of an Investment
Saadia and Joel sit down to discuss the concept of an investment’s “unity“, inspired by a recent key note speech by Christoph Schreuer [TIME 07:03] This week’s guest is Jonathan Passaro, who left big law to become an executive coach and now uses his experience as an arbitration lawyer to coach other lawyers to become happier and better professionals [TIME 29:14}. Joel then leads Happy Fun Time, tr
Season 6 Episode 6 - The Investigator
Back from holidays spent in three different places, we talk about the CIArb Framework Guideline on the Use of Technology in International Arbitration [TIME 06:43], which Saadia has read. Brian then interviews Jenna Burton of Raedas, an expert on corporate intelligence who often works in arbitration-related matters [TIME 35:44]. The first Happy Fun Time of 2022 sees us taking on transcript correcti
Season 6 Episode 5 - The Treaty Interpretation
For the final episode of the year, the three co-hosts are in three different cities, engaging in three different topics: Brian first talks about contractual preconditions to arbitration, with a specific focus on the construction sector [TIME 08:49], after which Saadia and Joel interview Michael Waibel, professor at University of Vienna about treaty interpretation [TIME 30:37]. The year’s last Ha
Season 6 Episode 4 - The Civility Episode
In a rare example of thematic consistency, all three segments touch on how to behave (and how not to behave) in international arbitration. We first speak to Baiju Vasani of Ivanyan & Partners, who on LinkedIn has been posting an excellent series of mentoring posts for arbitration lawyers [TIME 13:29]. The three co-hosts then discuss the recent ICCA Guidelines on Standards of Practice in Internatio
Season 6 Episode 3 - The Maritime Arbitration
Brian is in Dubai on (arbitration) business and we are all amazed that things are returning to normal, at least for the time being. Saadia opens up the episode with a much-overdue segment on burden of proof/standard of proof [TIME 10:37]. We then speak to James Clanchy, independent arbitrator and Honorary Secretary of the London Maritime Arbitrators Association, about maritime arbitration [TIME 3
Season 6 Episode 2 - The Komstroy Saga
Things are very, very slowly returning to normal in London but we start off with an interview with Paris-based Veronica Korom about something that happened in Luxembourg: the CJEU’s Komstroy decision about the intra-EU applicability of the ECT [TIME 10:10]. Joel then goes down the procedural rabbit hole, discussing various post-award measures beyond set-asides and enforcement, such as interpretati
Season 6 Episode 1 - The Season Opener
Somewhat delayed, we’re finally back with Season 6! We try to understand what happened when the DIFC-LCIA (in Dubai) was abolished [TIME 12:18], Brian has talked to Ambassador Keith Harper about indigenous rights and their overlap with dispute resolution [TIME 36:22], and the inaugural Happy Fun Time concerns Anti-Money Laundering - how do these obligations influence real life on the factory floo
Season 5 Episode 15 - The Season Finale
In what we think is episode 84 of the Arbitration Station, we round off Season 5 with an interview with Ucheora Onwuamaegbu about the United Nations Compensation Commission [TIME 12:58]. Then, Saadia has read the 2021 International Arbitration Survey and quizzes the others on what respondents may have to say about the state of international arbitration [TIME 51:37]. The season is concluded by a H
Season 5 Episode 14 - The Airports
For this episode, we have neatly given ourselves one segment per person. Saadia first talks to Sophie Nappert about ArbTech, a forum of which she is a co-founder [TIME 10:36]. Then, Joel has read and almost understood Advocate General Kokott’s opinion in Poland v. PL Holdings [TIME 41:20]. Brian closes out the episode, with a highly scientific comparative study of the world’s airports - soon, soon
Season 5 Episode 13 - The Cognitive Bias
After a short break, the Arbitration Station is back with escalation clauses (aka multi-tiered dispute resolution clauses or cooling off-clauses) [TIME 10:57], followed by an interview with Leonor Díaz-Córdova and Natalie Hall about cognitive bias in arbitral decision-making, the subject of an upcoming article of theirs [TIME 38:53]. Happy Fun Time closes us out with a discussion on social media p
Season 5 Episode 12 - The Mediation Special
This week’s episode has a focus on mediation, which we attack by speaking to two different experts, who offer different perspectives on this type of arbitration-adjacent dispute resolution: Anne-Karin Grill in Vienna [TIME 12:27] and James Claxton in Kyoto [TIME 48:20]. Hopefully we have now answered our own question from Season 1: “Mediation - who cares?“ We then round off the episode with a Happ
Season 5 Episode 11 - The Manels
Hello there! This week we talk to Iaroslav Gregirchak, the Ukrainian Deputy Business Ombudsman about the work of that very interesting body [TIME 12:04]. We follow up with a second interview, this one with Andre Luis Monteiro on the cross-section of insolvency arbitration [TIME 49:43]. Happy Fun Time was recorded on International Women’s Day, which prompted us to speak about an ugly creature in
Season 5 Episode 10 - The One with Jan Paulsson
The Arbitration Station Book Club is back! We have read The Unruly Notion of Abuse of Rights and we’re talking about that book together with none other than its author Jan Paulsson [TIME 0:14:45]. The second segment is some arbitration fundamenta: challenges of arbitrators [0:47:21], which is followed by a Happy Fun Time discussion on paralegals: how to be one, how to manage one and how to appreci
Season 5 Episode 9 - The Drafter of the Draft Code
Winter has come to the UK, but the Arbitration Station is full of hot takes. Saadia and Joel speak to University of Richmond law professor Chiara Giorgetti [TIME 07:13], who was heavily involved in the drafting of the Draft Code of Conduct for Adjudicators in Investor-State Dispute Settlement, issued by ICSID and UNCITRAL (which we first talked about on S04E15). The Draft Code has now received com
Season 5 Episode 8 - The Space Arbitration
Well rested from our holiday hiatus, we’re back to tackle some of the truly big issues. First out is investment treaty claims arising out of holocaust survivors’ seized property [TIME 09:03], followed by Rachael O’Grady talking about space arbitration [TIME 30:25]. After opening with the holocaust and space, we go small and end with a Happy Fun Time involving Saadia’s new favorite acronym: ESL, or
Season 5 Episode 7 - The Locked Down Holiday Special
Before taking some time off, we finish the season with a much-awaited interview with Kaj Hobér [TIME 14:40], conducted at the Swedish Law Day webinar. Then we sign off by following tradition and discussing holiday gifts, both related to arbitration and… less so [TIME 46:10]. Happy Holidays to all, and special thanks to our sponsor IAReporter.Among the potential gifts mentioned:
JOELGirl, Woman, O
Season 5 Episode 6 - The Court Reporter
Brian and Joel talk to David Kasdan, a very experienced court reporter with hundreds of arbitrations under his belt, about the crucial but sometimes overlooked role as transcriber in chief during an arbitration [TIME 11:31]. Saadia then takes us on a trip through the updated ICC and LCIA Rules [TIME 47:11], before we have a Happy Fun Time talking about boutique/spin-off firms - and this week's HF
Bonus Episode - IAReporter
If you want to work for Investment Arbitration Reporter, now is your chance. The leading publication is looking for contributors and you can apply here. We use this as a reason to bring publisher and funder Luke Peterson on the air to talk about IAReporter, its history, work and contribution to the field of investment arbitration.
Season 5 Episode 5 - The Damages Expert
The sound is a bit bad because we’re sitting so far apart (together with editor Jan). Brian has called up damages expert Brent Kaczmarek [TIME 08:25] to benefit from his experience from hundreds of arbitrations. Joel then discusses sovereign immunity from enforcement, and in particular enforcement against central bank assets [TIME 41:48]. During Happy Fun Time we talk about paperless arbitration,
Season 5 Episode 4 - The Tainted Memories
The fourth episode of the season is loaded with two interviews: Toby Landau QC talks about the fallacy of witness evidence in arbitration. Based on his 2010 Kaplan Lecture, he argues that the way we produce and examine witnesses has some inherent flaws [TIME 08:18]. We then interview academic and in-house counsel Cornel Marian about taxation in international (investment) arbitration, a topic on wh
Season 5 Episode 3 - The Institutions
This week’s episode is focused on arbitration institutions, and more particularly on their function and liability. Under the firm guidance of Saadia, we discuss the liability of arbitration institutions [TIME 09:10], with some concrete examples of institutions being sued. Brian then talks to Eric Tuchmann, General Counsel of the American Arbitration Association [TIME 48:30] about the role of that
Season 5 Episode 2 - The Physical Hearing
The first interview of Season 5 is with Jeremy Sharpe (https://www.jeremyksharpe.com/), who talks to Joel about the investment law advisory center that is being discussed by UNCITRAL Working Group III [TIME 12:16]. Then Brian dives into an issue which is top of mind in 2020: do parties have a right to a physical hearing [TIME 39:14]. Happy Fun Time is a little gloomy, as Saadia talks about “doom s
Season 5 Episode 1 - The Season Opener
Something nice happening in 2020 - the Arbitration Station is back! Seated in London - responsibly spread out - we start off with the recent UK news that international law is not that important after all [TIME 14:20]. We then look back over the summer and discuss some recent developments in treaty-based renewable cases: is Romania the new Spain [TIME 28:42]? We also engage in perhaps the silliest
Season 4 Episode 16 - The Season Finale (and the treaty to end all treaties)
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
Season 4 Episode 15 - Who Wants to be an Arbitrator?
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 Tim
Season 4 Episode 14 - The Umbrella Clauses
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!
Season 4 Episode 13 - The Isolation Episode vol. 2
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 poten
Season 4 Episode 12 - The Isolation Episode
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 Tr
Season 4 Episode 11 - The Force Majeure
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
Season 4 Episode 10 - The Battle of the Seats
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 yo
Season 4 Episode 9 - The Security for Costs
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, wat
Season 4 Episode 8 - The Ratione Temporis
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 (
Season 4 Episode 7 - The Holiday Special (and a little WTO crisis)
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 Appellat
Season 4 Episode 6 - The ICSID Roster
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
Season 4 Episode 5 - The Lateral Moves
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
Season 4 Episode 4 - The Shareholder Claims
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].
Season 4 Episode 3 - The Third Co-Host
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 Elizabe
Season 4 Episode 2 - The GDPR
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 o
Season 4 Episode 1 - The Season Opener (vol. 4)
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 arbitrati
Season 3 Episode 16 - The Dealing in Virtue
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 Bri
Season 3 Episode 15 - The Great Cost Debate
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 th
Season 3 Episode 14 - The Non-Participators
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 shoul
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