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.
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 @ gmail dot com, and we’ll do a segment on them.