Episodes
In this festive special episode, Brian and Joel welcome a notable guest, Hon. Charles N. Brower, to their book club gathering [TIME 05:12]. The episode centers around Judge Brower’s memoir, "Judging Iran: A Memoir of the Hague, the White House, and Life on the Front Line of International Justice." The hosts engage in a deep dive into the Judge's rich experiences and perspectives, exploring his significant journey through various international legal spheres.
Published 12/19/23
Published 12/19/23
Saadia is back! To welcome her back, Brian discusses the relatively recent UK Supreme Court judgement that has caused a shake-up for third-party funders [TIME 02:52]. But are the consequences as far reaching as originally expected? For HFT, Brian and Saadia discuss the "who, what, when and why" for requesting extensions in arbitration [TIME 20:26].
Published 12/06/23
We are happy to welcome Joel back into your ears - albeit briefly - for another great episode. Brian interviews Mark Tushingham from Twenty Essex about two simultaneous decisions handed down by the UK Supreme Court and Privy Council grappling with the interpretation of Section 9 of the Arbitration Act [TIME 04:40]. For HFT, we welcome back Jon Passaro who will coach us on how to invest time now to save time in the future [TIME 28:04].
Published 11/21/23
In this episode, Brian and Jan delve into the nuances of early dismissal applications in international arbitration. They discuss the ethical and strategic considerations that emerge from such applications [TIME 03:05]. During the Happy Fun Time segment, Brian offers his insights on conditional fee arrangements and explores other innovative fee arrangement types between arbitration lawyers and their clients [TIME 20:00].
Published 11/08/23
Brian and Jan are back for another entertaining episode. Brian first interviews Duncan Pickard about recent challenges concerning the representation of Member States at the United Nations [TIME 04:13]. Brian and Jan then react to the contribution from our listenership as they complete the sentence: “You know you work in arbitration when…” [TIME 36:03].
Published 10/24/23
In this packed episode, Brian dives into a thought-provoking discussion with Tim Robbins, exploring the intricacies of efficiency in arbitration [TIME 05:49]. We’re also joined by Simon Camilleri, who brings us keen insights into the Law Commission’s final report on the reform of the English Arbitration Act 1996 [TIME 36:58]. And stick around for our Happy Fun Time segment, where Brian and Jan demystify the utility of programming in our professional undertakings [TIME 59:34].
Published 10/10/23
Groove back into gear, Arbitration Nation, because we are rolling back after our sunny summer siesta! First up, Brian speaks to Andrew Fulton KC and Manuel Casas, as they dive deep into a tale of politics intertwining with international law, the Maduro Saga [TIME 05:22]. For Happy Fun Time, Brian and Jan will be discussing the latest shifts in the WFH policies which are making waves in the legal industry [TIME 30:55].
Published 09/26/23
Published 08/25/23
We hope everyone is enjoying their summer holiday (if you're fortunate enough to have one)! As you relax, we have another great episode for you. First, Brian treats us to a review of the partial annulment of the Khudyan v. Armenia award concerning issues of dual nationality [TIME 6:35]. For HFT, we invite back Jonathan Passaro for another great interview concerning the dreaded annual reviews [TIME 26:47]. Don't forget to register for the 20th Anniversary ICAL Conference in Stockholm here:...
Published 08/01/23
In Episode 5, Saadia introduces a news-worthy update about the multi-jurisdictional saga regarding the recognition and enforcement of a USD 15 billion arbitration award issued between the heirs of the Sultan of Sulu and Malaysia [TIME 06:16]. Then, for HFT, Brian recounts the trials and tribulations of file sharing and how institutions are adapting their technology to facilitate case management [TIME 25:15].
Published 07/18/23
With a full suite of co-hosts, we tackle a question that has bothered us all: why do people confuse arbitration with arbitrage [TIME 34:12]? But before that, we engage in another Arbitration Book Club discussion, this time based on our reading of Mikaël Schinazi’s book The Three Ages of International Commercial Arbitration [TIME 03:31]. For those who, like us, remain confused please see the following dictionary definitions: Arbitration: “[t]he formal process of having an outside person,...
Published 07/04/23
In Episode 3, Brian welcomes the first interview of the season, Simon Camilleri [TIME 06:40], who introduces the proposed reforms to the English Arbitration Act of 1996. We discuss the consultation process and our personal views on the need and adequacy of the reforms. Then, for HFT [TIME 27:24], Brian and Saadia discuss how close is too close in the arbitration community - are we victims of challenge paranoia?
Published 06/21/23
Saadia and Brian discuss whether government bailouts can be a basis for investment arbitration claims? In this second episode of the season, a recently published decision on the issue serves to set the scene on the now much talked about Credit Suisse saga.* [TIME 00:02:38] During Happy Fun Time, we ponder whether arbitration lawyers have become ambulance chasers and if so, is that ok? [TIME 00:21:08] *Since the recording of this episode we have learned that Japanese bondholders, in...
Published 06/07/23
We’re back in business, with a slightly changed format: shorter, snappier, and a semi-retired Joel. In this first episode, we discuss how different aspects of recent technology advancements influences the practice of arbitration. Brian first discusses the development toward decentralised autonomous organisations [TIME 05:27], before the season’s first Happy Fun Time addresses how AI tools are changing how we conduct arbitration work [TIME 20:08].
Published 05/24/23
Kluwer Arbitration Blog Quiz: According to arbitration historian Derek Roebuck, what practice was widely used during the reign of her majesty Queen Elizabeth I to avoid the involvement of the Crown in disputes? This was one of the questions asked at the first ever live Kluwer Arbitration Blog Quiz. If you are scratching your head for the answer, fear not, we captured the whole event live!
Published 12/20/22
ICCA 2022 Mini-Series - Part 6: Last but certainly not least, Saadia interviews Mahnaz Malik, barrister at Twenty Essex in London. Saadia and Mahnaz discuss whether arbitration is suffering from a mid-life crisis, how the field has evolved since its inception and the key changes we can expect to see in the future.
Published 12/13/22
ICCA 2022 Mini-Series - Part 5: In our fifth instalment, we interviewed a Scottish local (well, sort of). James Hope, a Partner at Vinge in Stockholm, sits down to discuss the progress of fairness and diversity in arbitration. He specifically reflects on the importance of the rule of law, even in war times, and arbitration as being a tool for peace.
Published 12/06/22
ICCA 2022 Mini-Series - Part 4: In our fourth instalment, we spoke to the only sociologist in the room…well, at least one of very few. We sit down with Florian Grisel, Associate Professor of Socio-Legal Studies at Oxford University, who spoke to us about some sociological perspectives of international arbitration. Can arbitration practitioners learn from a dialogue with sociology? Listen to this episode and let us know!
Published 11/29/22
ICCA 2022 Mini-Series - Part 3: In our third instalment, we interview Wolf Von Kumer, a leading independent arbitrator/mediator with Arbitra International. Wolf spoke with Brian about recent developments in the energy sector and how the energy transition will create new opportunities for the use of (mixed mode) mediation in Investor-State disputes.
Published 11/22/22
In our second instalment, we shift our focus to another region - Latin America. Eduardo Zuleta joins us to discuss certain actions of constitutionality that have shaped the practice of both commercial and investment arbitration in the region.
Published 11/15/22
Welcome to the ICCA 2022 Mini-Series! Similar to our broadcast from Sydney, we were kindly invited by the organizers of the ICCA 2022 Congress in Edinburgh to participate as media sponsors and broadcast interviews of panelists who spoke at the conference. In the first episode, we wanted to give you an interview that was emblematic of the Congress' theme - the Age of Enlightenment. We interviewed Professor Emilia Onyema about the significant reforms in Africa that have been and will be...
Published 11/08/22
We could not help ourselves – we had to come back with a mid-season special. In this special episode, we talk to Krystyna Khripkova regarding the current state of play for Ukrainian arbitration firms and practitioners, both in Ukraine and abroad [Time 07:42]. We also wanted to take this opportunity to invite anyone and everyone to register for the 2022 ICCA Congress in Edinburgh on 18-21 September 2022 (Register - ICCA 2022 (icca2020.scot)). The podcast is happy to participate as a media...
Published 09/06/22
Five years and 99 episodes later, three co-hosts and one producer/editor sit down to evaluate what we have done so far. We look back to high and low points from earlier episodes, enjoy a few messages from listeners and hear Brian speak offensive mock-French at least three times. Warning - consider the episode a summer bonus, because there’s very little fresh arbitration content in this one! We will be back after the summer with more of that.
Published 08/12/22
The Arbitration Station is getting very close to the big three digits - Episode 100 is just around the corner. For now, we discuss ordre public/public policy/public order/IPO (there’s some terminology confusion on this point) as well as standard of review based on a recent French court decision on the review of an investment treaty award [TIME: 9:15]. The second topic is related, and concerns how to handle advocacy in arbitrations that involve elements of criminal law [TIME: 32:52]. This...
Published 06/15/22