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The Arbitration Station is a podcast about international arbitration. It covers both investment and commercial arbitration and contains both serious substance and gossipy gibberish. Hosts Brian Kotick, Saadia Bhatty and Joel Dahlquist.
122 Episodes
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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 26:47].
Don't forget to register for the 20th Anniversary ICAL Conference in Stockholm here: https://www.icalalumni.org/2023-ical-conference
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 changing how we conduct arbitration work [TIME 20:08].
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 how to handle advocacy in arbitrations that involve elements of criminal law [TIME: 32:52]. This week’s Happy Fun Time, finally, involves a discussion about the relationship to your clients [TIME: 48:00].
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 are not formally qualified in [TIME: 46:57?
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 been “The Sharia Arbitration” or “The Fifty-Four States”) - what is the status of the billable hour model, for counsel and arbitrators [TIME 01:00:53]?
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 and Brian also have a happy fun time talking about the Metaverse [TIME 59:33].
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 eerie timing, the Stabil and other v. Russia award was made public on the same day we recorded, so our statement that all Crimean cases remain unpublished it’s no longer true. The award can be found, among other places, at our favorite IAReporter.
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 always, we try to finish with a very Happy Fun Time, which sees us express some concerns about “pay to play” publications and conferences [TIME 56:49].
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 legal profession [TIME 30:32].
1For 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 Happy Fun Time is a discussion on loyalty, more specifically about brand/employer loyalty: what do you do when a firm splits, or a partner leaves for another firm [TIME 0:1:00:30]?
Happy holidays to all arbitration nerds out there, we’ll be back in 2022!
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 International Arbitration [TIME 51:24]. We close out on a Happy Fun Time focused on the occasionally less civil aspects of arbitration - sometimes referred to as guerilla tactics [TIME 01:15:30].
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 34:43]. This week’s Happy Fun Time [TIME 01:10:58] is about post-pandemic networking - what has changed?
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 interpretation and correction of awards [TIME 45:45], before we close out with a HFT on self-citation: how and when should arbitrators, counsel and academics cite themselves [TIME 01:09:05}?
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 floor of arbitration [TIME: 01:04:13]?
We’ll be on the air every other Tuesday for the foreseeable future starting… NOW!
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 we can travel again [TIME 59:24].
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 practices for arbitrators and other arbitration practitioners [TIME 01:21:10].
Joel’s book can be bought here, use discount code 71345 at check-out!Read more about the CAS case with the tweeting arbitrator here.
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 the conference-heavy world of arbitration: manels [TIME 01:22:25].PS, The French-language conference which Saadia mentions initially, co-organized by her firm Gide and the African Academy of the Practice of Public International Law is available here.
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 appreciate them all [1:18:13]
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 English as a Second Language [TIME 01:01:03]. What are the challenges facing those of us who work in a non-native language - and what does Brian think of the others’ English?
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