The Arbitration Station

Something nice happening in 2020 - the Arbitration Station is back! Seated in London - responsibly spread out - we start off with the recent UK news that international law is not that important after all [TIME 14:20]. We then look back over the summer and discuss some recent developments in treaty-based renewable cases: is Romania the new Spain [TIME 28:42]? We also engage in perhaps the silliest Happy Fun Time in the history of silly Happy Fun Times: we’re casting the ISDS movie [TIME 49:03]! Who plays Schreuer? Who plays GKK? Listen in, we’re back!

With a decimated line-up of hosts, and a Corona-related delay in uploads, we close out the season on a strong note with Joel talking about the enforcement of awards that have been set aside [TIME 11:03] and Brian talking about the treaty to end all* treaties: the plurilateral EU treaty to terminate intra-EU investment BITs [TIME 29:08]. We close out the season with a discussion on domestic legal traditions and their influence in arbitration [TIME 45:07].

Thank you all for this season. Unless the world ends, we intend to be back later in 2020 with a fifth (!) season.

*Not nearly all

We’re all in greater London but of course we’re still not in the same room. Video recording will have to do, as we discuss the recent Draft Code of Conduct for Adjudicators in Investor-State Dispute Settlement, issued by ICSID and UNCITRAL [TIME 13:22], as well as the law governing the arbitration agreement, based on a  recent judgment from the Court of Appeal in London [TIME 39:58]. Happy Fun Time gives the episode its name - who wants to be an arbitrator (and how do you become one)? [TIME 01:01:33]

We are still in isolation but at some point, we have to stop naming the episodes after that fact. This week, we talk about when and why to bifurcate arbitrations [TIME 09:24], umbrella clauses [TIME 37:20] and about motivating your team and colleagues in these complicated times [TIME 01:04:58].

Stay safe and healthy, arbitration friends!

Still in isolation, we return to some of the things that are currently occupying the arbitration community: what are the effects of our collective quarantine, in particular on hearings? [TIME 07:07] The second segment deals with potential investment treaty claims based on Covid-related measures [TIME 40:52]. For Happy Fun Time, we talk about pay freezes, bonuses and salaries in the wake of a potential recession [TIME 01:08:42].

Mentioned in the episode:

The ICC Guidance Note on Possible Measures Aimed at Mitigating the Effects of the COVID-19 Pandemic

The Seoul Protocol on Video Conferencing in International Arbitration

Lucas Bento and Jingtian Chen’s article on Kluwer Arbitration Blog

Federica Paddeu and Kate Parlett’s article on Kluwer Arbitration Blog

Recorded in isolation, we talk to each other as therapy. With all events and meetings cancelled or postponed, we try to simulate the ICC European Conference on International Arbitration by talking about two topics that would have been discussed on panels there (and might be this summer when it takes place): tariff wars and arbitration [TIME 11:20] and the European Green Deal (and the Stockholm Treaty Lab winners can be found here) [TIME 33:03]. We also try our best to remain happy and fun with a discussion on greetings protocol in arbitration: how do you know when and who to hug, kiss on the cheek, shake hands (or rub elbows) with [TIME 58:29]?

Sitting in the same room for once, we talk about transparency in investment arbitration (specifically the tribunal’s power to order it, as highlighted in the majority v. dissent in Rand Investments v. Serbia) [TIME 11:11]. Then, in these Covid times, we talk about how the current virus scare might lead to disputes under force majeure clauses in contracts [TIME 32:53]. Happy Fun Time is (once again) Brian Kotick show - to open plan or not to open plan? [Time 51:45].

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)

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!

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].