The Arbitration Station is a podcast about international arbitration. It covers both investment and commercial arbitration and contains both serious substance and gossipy gibberish. Hosts Brian Kotick, Saadia Bhatty and Joel Dahlquist.
Season 7 Episode 13 - Judging Iran
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.
12/19/2023 • 0
Season 7 Episode 12 - The TPF Shake-Up?
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].
12/6/2023 • 0
Season 7 Episode 11 - What’s the “Matter”?
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].
11/21/2023 • 0
Season 7 Episode 10 - The Early Dismissal
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].
11/8/2023 • 0
Season 7 Episode 9 - The Representation Station
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].
10/24/2023 • 0
Season 7 Episode 8 - The Programming Language
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].
10/10/2023 • 0
Season 7 Episode 7 - From Caracas with Love
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].
9/26/2023 • 0
Summer Break
8/25/2023 • 0
Season 7 Episode 5 - The Crippling Arbitration
In Episode 6, 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].
7/18/2023 • 0
Season 7 Episode 4 - The Arbitrage Station
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, chosen by both sides to a disagreement, end the disagreement“Arbitrage: “[t]he method on the stock exchange of buying something in one place and selling it in another place at the same time, in order to make a profit from the difference in price in the two places“
7/4/2023 • 0
Season 7 Episode 3 - Challenge Paranoia
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?
6/21/2023 • 0
Kluwer Arbitration Blog Quiz
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!
12/20/2022 • 0
ICCA 2022 Mini-Series - Part 6
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.
12/13/2022 • 0
ICCA 2022 Mini-Series - Part 5
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.
12/6/2022 • 0
ICCA 2022 Mini-Series - Part 4
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!
11/29/2022 • 0
ICCA 2022 Mini-Series - Part 3
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.
11/22/2022 • 0
ICCA 2022 Mini-Series - Part 2
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.
11/15/2022 • 0
ICCA 2022 Mini-Series - Part 1
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 necessary to render arbitration more effective and to integrate international best practices.
11/8/2022 • 0
The Ukraine Special
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 sponsor for another amazing event and look forward to meeting all the delegates who can attend.
9/6/2022 • 0
Episode 100 - The Meta Station
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.
8/12/2022 • 1 hour, 2 minutes, 5 seconds
Intermission - The War
No (normal) Arbitration Station episode this week. A country where we all have friends and colleagues - and where there’s a very strong arbitration community - is under attack and we could not bring ourselves to record our prepared segments or have a Happy Fun Time.
There will be reasons to return to the many legal issues arising out of this war, but now is not the time. Now is the time to be human, and to stand with Ukraine.
A few ways to help:
1. Donate to the NGO Save Life or to the special account opened by the National Bank of Ukraine.
2. Join initiatives for lawyers, such as United for Ukraine .
3. Further information about ways to help as a foreigner is here.
3/1/2022 • 4 minutes, 43 seconds
Season 6 Episode 7 - The Unity of an Investment
Saadia and Joel sit down to discuss the concept of an investment’s “unity“, inspired by a recent key note speech by Christoph Schreuer [TIME 07:03] This week’s guest is Jonathan Passaro, who left big law to become an executive coach and now uses his experience as an arbitration lawyer to coach other lawyers to become happier and better professionals [TIME 29:14}. Joel then leads Happy Fun Time, trying (and failing) to reconceptualize how we talk about and refer to old cases [TIME 57:08}.
2/1/2022 • 1 hour, 15 minutes, 38 seconds
Season 6 Episode 6 - The Investigator
Back from holidays spent in three different places, we talk about the CIArb Framework Guideline on the Use of Technology in International Arbitration [TIME 06:43], which Saadia has read. Brian then interviews Jenna Burton of Raedas, an expert on corporate intelligence who often works in arbitration-related matters [TIME 35:44]. The first Happy Fun Time of 2022 sees us taking on transcript corrections from a practical perspective - how does the presence of an official live record influence the lives of arbitration lawyers [TIME 01:00:20]?
1/18/2022 • 0
Season 5 Episode 15 - The Season Finale
In what we think is episode 84 of the Arbitration Station, we round off Season 5 with an interview with Ucheora Onwuamaegbu about the United Nations Compensation Commission [TIME 12:58]. Then, Saadia has read the 2021 International Arbitration Survey and quizzes the others on what respondents may have to say about the state of international arbitration [TIME 51:37]. The season is concluded by a Happy Fun Time where we discuss some trends and developments from the last season or so [TIME 01:19:36]. We will talk to you again after the summer. Stay safe!
5/18/2021 • 0
Season 5 Episode 12 - The Mediation Special
This week’s episode has a focus on mediation, which we attack by speaking to two different experts, who offer different perspectives on this type of arbitration-adjacent dispute resolution: Anne-Karin Grill in Vienna [TIME 12:27] and James Claxton in Kyoto [TIME 48:20]. Hopefully we have now answered our own question from Season 1: “Mediation - who cares?“ We then round off the episode with a Happy Fun Time on the topic Diversity of Diversity [TIME 01:19:53].PS, The link for Joel’s book is here.
3/23/2021 • 0
Season 5 Episode 9 - The Drafter of the Draft Code
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].
2/9/2021 • 0
Bonus Episode - IAReporter
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 funder Luke Peterson on the air to talk about IAReporter, its history, work and contribution to the field of investment arbitration.
12/1/2020 • 31 minutes, 49 seconds
Season 5 Episode 1 - The Season Opener
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!
9/29/2020 • 1 hour, 10 minutes, 7 seconds
Season 4 Episode 15 - Who Wants to be an Arbitrator?
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]
5/12/2020 • 1 hour, 22 minutes, 58 seconds
Season 2 Episode 10 - The First from ICCA
In the first episode from the Sydney ICCA Congress, we come out strong. We interview Donald Donovan and Gabrielle Kaufmann-Kohler, outgoing and incoming ICCA president respectively, about the organization and their visions for it. Then, Brian talks to Sydney-based Max Bonnell about arbitration in our host city. Finally, we stick to HFT tradition and talk about grammar rules and drafting styles, in a session recorded in our hotel room.
4/25/2018 • 0
Episode 18 - The Season Finale
In the final episode of the year, we wrap up the Arbitration Year 2017 with a quick summary of events from the year. Furthermore, we talk about stay of enforcement pending annulment/set aside of an arbitral award, a topic on which we have just co-written an article. Therefore, Happy Fun Time is devoted to article writing - where, why and with whom.
12/25/2017 • 1 hour, 2 minutes, 19 seconds
Episode 17 - The Penultimate
In the second to last episode of 2017, we address three issues on E: expert witnesses (who are they, how do you prepare them, how much do you pay them), exclusion agreements (where and how can parties opt out of court review) and ethics (which is Happy Fun Time, in case you didn't know that ethics was fun).
12/19/2017 • 51 minutes, 20 seconds
Episode 16 - The Holiday Gifts
Happy holidays fellow arbitration nerds! This week's episode focuses on holiday gifts. If you're unlucky, you will soon be hit with a request for provisional measures, which is customary this time of year. If so, you might enjoy our discussions about this topic, from both the commercial and treaty-based perspective. If not, we have other gifts for you - Happy Fun Time this week is a list of suggested holiday gifts.
12/12/2017 • 1 hour, 5 minutes, 39 seconds
Episode 15 - The UNCITRAL Meeting
Joel is at the Working Group III Meeting in Vienna, where the possibility of ISDS reform is being discussed. He interviews Michele Podestà about a paper that was put before the Working Group, looking comparatively at how international courts and tribunals are composed. The Happy Fun Time is about mediation, or rather: why don't arbitration lawyers care about mediation?
12/5/2017 • 1 hour, 2 minutes, 13 seconds
Episode 14 - The QCs
In this week's episode, Brian interviews Shirin Saif about witness examinations, while Joel gives an introductory lecture to UNCITRAL (prompted by the upcoming session in Working Group III - the advanced session will come in next week's episode, when Joel calls in from the Working Group meeting in Vienna). For Happy Fun Time, we display our lack of understanding - and our respect - for the UK system with barristers and Queen's Counsels and what have you.
11/28/2017 • 1 hour, 12 minutes, 53 seconds
Episode 13 - The Dissenting Opinions
As advertised earlier, we spend quite some time on dissenting opinions in arbitration - good, bad and ugly ones. Furthermore, can/should arbitrators be compelled to take the witness stand in domestic court, to talk about deliberations? Finally, we have a Happy Fun Time talking about the myriad of professional organisations out there.
11/21/2017 • 1 hour, 1 minute, 43 seconds
Episode 12 - The Dual Nationals
To celebrate Brian's recent status as dual citizen, Joel gives him a quiz and also discusses the standing of dual national investors in investment arbitration. The second "substantive" segment sees Brian explaining some do's and don'ts with respect to opening statements. Finally, this week's Happy Fun Time is neither fun nor happy: we discuss #metoo and its implications for the field of international arbitration.
11/14/2017 • 1 hour, 3 minutes, 40 seconds
Episode 11 - The Sports Arbitration
Joel is in The Hague and Brian has just returned from London. The former trip involves an interview with Kendra Magraw about sports arbitration, while Brian's London trip centered on the super-inspiring ITF Conference hosted by BIICL, that he summarizes with starry eyes. For Happy Fun Time, we try to figure out whether there is any meaningful difference between civil law and common law.