The Arbitration Station

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, which thankfully are few and short). Happy Fun Time is prompted by Brian’s new job, which he had to interview for: what can he teach Joel, who never had a real job, about job interviews in the arbitration business [TIME 54:58]?

We open strong, by discussing privilege - not our white, male privilege but rather that covering documents and testimony [TIME 8:40]. Brian then interviews Danish arbitrator Niels Schiersing about post-M&A disputes [31:26]. We also have a Happy Fun Time discussing the use of titles: Dr., Mrs., Prince? Madam Arbitrator? First names in email communication? We sort things out for you [TIME 57:28]

FINALLY, Season 3 is up! Joel discusses the exhaustion of local remedies rule, after first having forced Brian to watch a random video connected to the Loewen v. US award (TIME 9:25, hat tip to IAReporter for pointing its readers to the video). Then Brian interviews Veijo Heiskanen, talking about the issues that have occupied different generations of arbitration lawyers [40:18]. The first Happy Fun Time of the season concerns “office politics“, for lack of a better word: how to behave, consume alcohol and otherwise interact socially in a professional context [TIME 56:03].

By the way, just a few days after we recorded this episode, the final award was rendered in Chevron v. Ecuador. The tribunal discussed exhaustion of local remedies, as well as the Loewen award, and would have been a natural focus had we recorded the segment a week later than we did. Go read it!

Season 3 of the Arbitration Station is almost here! In this Teaser, we talk about the plans for our future. They include, among other things, a crowdfunding campaign and a call for a legal researcher. 

We also could not keep ourselves from recording a Happy Fun Time segment, addressing the use of Latin phrases in arbitration. 

Also mentioned in the episode:

The Swedish Arbitration Days 2018

ICAL Conference 2018: Navigating the Muddy Waters of Modern Arbitration

In this last episode before summer hiatus, we open with a Brian-led discussion on "due process paranoia" [TIME 8:19]. Then we are (finally!) joined by the man who is normally behind the scenes: our editor and arbitration-lawyer-in-his-own-right Jan Kunstyr. First, he concludes the place of arbitration tour with a discussion on Prague [TIME 26:15]. Then, he concludes the entire season by taking over the microphone for Happy Fun Time and asking us questions about ourselves [TIME 49:49].

(And no, we never got to what we like and dislike about each other - we're saving that for Season 3).

Enjoy your summers, arbitration friends!

In a return to the good old format, it’s just the two of us (i.e. no expert guests). The two substantive parts see us discussing the well-known Salini criteria [12:20] and the more practical issue of procedural orders [30:35]. Happy Fun Time is about the unsung heroes of the treaty world: all the international instruments that do not have the glamour of the New York Convention but still might come up in arbitration [47:30].

In the final conversations from Sydney, we first talk to Campbell McLachlan and Matthew Weiniger about the second edition of their book on substantive principles in international investment law. It's been 10 years since the first edition: what has happened during the work with the second [TIME 08:41]? We then talk to Catherine Rogers about Arbitrator Intelligence, which aims to change the process through which arbitrators are appointed, away from the old school phone calls and into the 21st century [TIME 32:08]. The final segment is a Happy Fun Time one. Business development at law firms: what is it and must we all engage in it [TIME 01:10:32]? 

Remember that OUP offers our listeners great discounts. You can use them for Campbell's and Matthew's book (both hardback and paperback), as well as for the first edition of Catherine's book Ethics in International Arbitration (hardback and paperback)

Joel is in Copenhagen and Brian is in Amsterdam so the initial segment is recorded remotely, in a way that brings back memories from the early days of DIY audio. Thankfully, most of the episode was recorded in Sydney, where we first talk to ICSID Secretary-General Meg Kinnear about ISDS reform and ICSID's role in it [TIME 9:27]. Next, Ben Hayward discusses conflict of laws in international commercial arbitration (he has a great book out, if you use this link you will get a good discount from Oxford University Press) [TIME 35:12]. Finally, Hugh Carlson discusses AI and cybersecurity and how they interact with arbitration [TIME TIME 59:27]. No Happy Fun Time this week - it will be back next week, in the final episode from Sydney (we think).

Still in Sydney, we talk to three heavy-weights: Christophe Bondy is first out, discussing his experience representing states in investment arbitration [TIME 12.:27]. Then, Stavros Brekoulakis talks to us about public-private arbitration (for an article on the topic, see here) [TIME 39:35]. Finally, Susan Franck focuses on our favourite nerd topic: costs [TIME 1:03:46].

In our second episode from Sydney, we have three conversations with ICCA speakers. First, Wendy Miles and Nicola Swan discuss issues relating to CORE, a Canadian ombudsman for responsible corporations [TIME 9:17]. Second, Claus von Wobeser reflects on a 40-year long career [TIME 40:04]. The third segment, finally, is technically no Happy Fun Time, although Mark Kantor does a good job of entertaining us when discussing the use of arbitration in employment contracts, including over matters of discrimination and harassment (and yes, The Stormy Arbitration pops up again) [TIME 1:09:52].