The Arbitration Station

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]

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 comments from states and other stakeholders and it’s on the table at UNCITRAL this week so the timing is great. Saadia then discusses FDI screening and its intersection with investment disputes [TIME 42:37], before the two law firm employees have a Happy Fun Time talking about filings and what happens to your life during those [TIME 01:07:32].

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?

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 this extraordinary year by following longstanding 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:

JOEL
Girl, Woman, Other

Ducks, Newburyport

Crossing to Safety

BRIAN
Blue Snowball USB Mic

Long Arm Swivel Clamp

The Last Waltz of the Law of Nations

SAADIA

The unruly notion of Abuse of Rights
Identity and Diversity on the International Bench

Is International Law International?

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 HFT also contains some front-page news [TIME 01:14:08!

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 founder Luke Peterson on the air to talk about IAReporter, its history, work and contribution to the field of investment arbitration.

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, a topic which has taken on new relevance in 2020 [01:05:19].

(The Green Pledge can be signed here)

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 which he has just published a book [TIME 45:16]. The third and more casual segment is about English-centrism, prompted by a recent blog post [TIME 01:21:51].

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 institution, including examples of litigation involving the AAA. Happy Fun Time is about Pro Bono culture, with an arbitration angle [TIME [01:19:23].

The first interview of Season 5 is with Jeremy Sharpe, 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 scrolling” and how to avoid it [TIME 01:08:15]. Stay safe, everyone!