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 or Paris competing - 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 Arbitration is here)

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, watch out for the fire alarm at Saadia’s office towards the end!

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 (arbitration-related) resolutions for the new year [TIME 56:30].

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. Figuring out recording from a new place is a work in progress. 

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 we talk about gift-giving protocols for Happy Fun Time [56:12].

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 reflect the arrival of the amazing Saadia Bhatty!

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 happens when you move jurisdictions?

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].

The paper that Julian co-wrote for the Academic Forum is here.

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 Elizabeth Rimmer from Lawcare [TIME 1:01:00].

[In the discussion on largest awards, Joel is wrong about the costs ordered in the Yukos arbitration: in fact, the state was ordered to pay some $60 million in costs and fees]

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 of arbitration lawyers in terms of holiday work?

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 this and other 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 closes out the episode: DATING IN ARBITRATION (yes, we do accept applications to “Arbitrinder”).

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 Kata Szeidovitz and Oliver Steeple, two colleagues of Brian’s who tell us about the UK training scheme for qualifying lawyers [TIME 59:50].

The Arbitration Station now goes on summer holiday. Hope to talk to you soon again!

Season 3 Episode 15 - The Great Cost Debate

The Arbitration Station is in Washington, to debate the allocation of costs from a conference podium. 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.

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 should you try [TIME 56:48]?

Season 3 Episode 13 - The Mandatory Rules

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].

Season 3 Episode 12 - The Arbitration Book Club

The book club gets a mini-start with Arbitration Without Privity, a classic 1995 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) [TIME 53:50].

Season 3 Episode 11 - Those Who Can’t Do, Teach (and those who can they also teach)

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.

Season 3 Episode 10 - The LGBTQ+ (AF)

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.

Season 3 Episode 9 - The Fake Arbitration (aka the Pactum Turpe Kind-of-Guy)

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 which maybe addressed it [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].

Season 3 Episode 8 - The LatAm Holiday Special

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 arbitration [1:02:04].

Season 3 Episode 7 - The Jello on the Wall

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.