The Arbitration Station

Happy holidays, arbitration nerds! 

From the International Arbitration Center in London, Brian and Saadia call up Joel and it has to be said: Joel’s audio is below par. Figuring out recording from a new place is a work in progress. 

Luckily, Joel pre-recorded an interview with Kathleen Claussen about WTO dispute resolution and in particular the recent crisis in the Appellate Body [TIME 8:20].

Then Saadia takes us on a tour of the intersection between religion and arbitration [TIME 31:55], before we talk about gift-giving protocols for Happy Fun Time [56:12].

The episode’s substantive segment is the ICSID Roster, and appointments in ICSID cases generally (inspired by a recent blog post about the nationality of arbitrators designated by states) - what is the ICSID Roster, how does one get on it and how does ICSID use it [TIME 12:18]? Then, Happy Fun Time is about law firm pitching/competing for business [TIME 41:57].

Yes, we’re working on a new intro to reflect the arrival of the amazing Saadia Bhatty!

Spread over the world, we fight for the upper hand in our new co-host chemistry. Saadia has interviewed Jaroslav Kudrna [TIME 12:08] from the Czech Ministry of Finance, about the state’s experience as respondent in investment arbitrations. Brian then discusses denial of benefits in investment treaties [TIME 45:34], before we go HFT [TIME 1:06:22] and discuss a question sent in by a listener: what happens when you move jurisdictions?

Saadia and Joel have been to Vienna for the UNCITRAL Working Group, and took the chance to talk to Julian Arato about shareholder claims in investment treaty arbitration [TIME 8:48]. Brian quizzes the others about double-hatters (Joel calls in without a microphone - sorry for sound quality), [TIME 32:58] while HFT is a nerd bonanza on fonts and formatting in legal writing [TIME 1:00:33].

There are three of us! Saadia Bhatty is the new co-host and enters the podcast with full force. This historic episode begins with a discussion about the largest arbitral awards in history [TIME: 11:11], followed by Saadia’s premier segment: institutional v. ad hoc arbitration [TIME 34:05]. For Happy Fun Time, we use World Mental Health Day as a reason to discuss lawyers’ mental health with Elizabeth Rimmer from Lawcare [TIME 1:01:00].

[In the discussion on largest awards, Joel is wrong about the costs ordered in the Yukos arbitration: in fact, the state was ordered to pay some $60 million in costs and fees]

In the final episode with only two co-hosts, we call up GDPR oracle Emily Hay for a discussion on how the data protection directive GDPR comes into play in international arbitration. Joel then speculates about arbitral awards as assets - how much do they cost and what rules govern their acquisition? For Happy Fun Time, Brian complains about having to work on vacation, but what is really expected of arbitration lawyers in terms of holiday work?

The Arbitration Station is back in business! A lot has happened over the summer: Jay-Z (almost) has notified Norway of an arbitration, Vannin Capital was sold and Joel got to lecture The Economist in print. We catch up on this and other summer news, thanks in part to IAReporter’s summer recap. Then, Brian has a few words about the declarations by public officials and how those play into investment arbitration. The first Happy Fun Time of the season closes out the episode: DATING IN ARBITRATION (yes, we do accept applications to “Arbitrinder”).

In the final episode of Season 3, we spend a little time on investment legislation, and more specifically consent to arbitration located in investment laws [TIME 9:03]. More time is spent on the second iteration of the book club: Joel has re-read Dealing in Virtue and tries to convince Brian that it is a must-read [TIME 30:20]. For the final HFT of the season, we’re joined by Kata Szeidovitz and Oliver Steeple, two colleagues of Brian’s who tell us about the UK training scheme for qualifying lawyers [TIME 59:50].

The Arbitration Station now goes on summer holiday. Hope to talk to you soon again!

The Arbitration Station is in Washington, to debate the allocation of costs from a conference podium. In this episode, we do a dress rehearsal of our respective arguments (should cost follow the event?). We also sneak in some gossip from UNCITRAL Working Group III in New York, as well as a short interview with Alexis Mourre from the ICC. Happy Fun Time closes out the episode, focusing on the impostor syndrome that we all suffer from.

Joel is a doctor now, and we talk about how that happened. Then, the only substantive segment is a big one - non-participating parties (and a little bit about non-participating arbitrators): how is the arbitral procedure affected by the fact that one party does not participate [TIME 23:32]? Happy Fun Time is based on a listener tip: humour in arbitration. Can you be funny in arbitration, and should you try [TIME 56:48]?