The Arbitration Station

In this episode we address two issues that will also be discussed at the 3rd ICC European Conference on International Arbitration on 1 April: sanctions [TIME 12:25] and mandatory rules [TIME 36:53]. The Happy Fun Time segment is devoted to hearing preparations, where Brian has a thing or two to teach Joel about how the real world works for (junior) arbitration counsel [TIME 53:40].

The book club gets a mini-start with Arbitration Without Privity, a classic 1995 article by Jan Paulsson [TIME 11:27]. Then, we turn our attention to considerations of proportionality in investment arbitration [TIME 33:49]. Happy Fun Time is about wellness: how to stay healthy and sane in a fast-moving arbitration world? A hint: you do not have to be marathon runner (unless you want to) [TIME 53:50].

Back from a one-week hiatus, we take on two substantive topics: sovereign immunity (from enforcement) [TIME 14:39] and tribunals’ powers to reconsider decisions made during the course of the arbitration [TIME 40:41]. The final segment is HFT, in which we discuss the peculiarities of teaching international arbitration [TIME 58:35].

Mentioned in the episode:

Rishab Raheja

Joel’s IAR analyses of the TANESCO and Perenco cases.

In an extra-long episode, we first cover two specific international instruments: CISG [TIME 14:28] and ICSID AF [TIME 33:20], two acronyms you should know. The primary reason for the movie-length episode, however, is Happy Fun Time, which this week is about LGBTQ+ issues in the field of arbitration [TIME 50:33]. For this segment, we are rejoined by Quantum Boy Michael Kotrly, as well as several testimonials from listeners sharing their experience.

Joel convinces Brian that service of notice is a sufficiently sexy topic to deserve a segment of its own [TIME 7:34]. Brian then teaches Joel about the group of companies doctrine, based on a recent case from India which maybe addressed it [Time 27:13]. The Happy Fun Time topic is fake arbitration - how easy is it to manufacture an arbitration or forge an arbitral award? We discuss these questions, based on stories of people who have tried [TIME 46:43].

With the discipline one can only acquire in Big Law, one half of the host duo invites two guests for a holiday special. In Brian’s London office, he talks to Gloria Alvarez and Manuel Casas. First, Gloria focuses on ECT reform in the light of the Achmea judgment [12:10]. Manuel then takes on some recent ICJ case law with relevance for international (investment) arbitration [39:00]. The three then together re-brand HFT as La Hora Feliz, which is about Latin American developments in international arbitration [1:02:04].

With no guests to help out, Brian and Joel try to nail jello to the wall by explaining the outlines of a tribunal’s power to draw adverse inferences [13:28]. The second substantive segment is art arbitration - a topic very much in the news lately [37:49]. For Happy Fun Time [59:07], we go through some of the badly written arbitration clauses which were submitted by listeners, and use that as a basis for a discussion on clause drafting.

FINALLY we get a chance to talk to the Wayne Gretzky of arbitration podcasts - Michael McIlwrath. In addition to a long career as a disputes lawyer at a multinational company, Mike keeps busy on several fronts. Most notably for us, he ran a well-known podcast about alternative dispute resolution, the IDN podcast (found here), between 2007-2011.

In a departure from our typical three topics, we talk to Mike about two things: first, about the Prague Rules, which attempt to insert some “civil law flavour“ into international arbitration. Secondly, we compare notes from our respective podcast experiences. How come IDN was so much better than the Arbitration Station? What has happened with the world of arbitration in the time that has elapsed between our two podcasts? What tips does Mike have for us?

The Procedural Order competition mentioned by Michael can be found here.

We discuss corruption in international arbitration [TIME 14:38]. In the second segment, Brian interviews Philippe Pinsolle about interim measures [TIME 37:00]. In the HFT segment, we discuss local counsel: how are they involved in the arbitration, what is their relationship to international counsel, and – most importantly – are international counsel better than local counsel? [TIME 57:24] 

Also: open call for submissions! Send us your favorite bad arbitration clauses to thearbitrationstation @ gmail dot com, and we’ll do a segment on them.

We take on one current topic (issue conflicts) and one more historical (Iran-United States Claims Tribunal). For the latter topic, we are joined by former Tribunal clerk Jawad Ahmad, who also stays on for Happy Fun Time, during which we discuss travel tips and preferences (did you know that Brian keeps a spare double of his toiletries, solely for the purpose of travel?)