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 ri…

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].…

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 Pass…

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 arra…

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:…

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 o…

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 …

By Joel Dahlquist Cullborg

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 int…

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…

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 w…

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 t…

By Joel Dahlquist Cullborg

We’re back in business, with a slightly changed format: shorter, snappier, and a semi-retired Joel. In this first episode of season 7, 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…

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, fe…

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.…

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…

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 lear…

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.…

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.By Joel Dahlquist Cullborg

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' …

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 …

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 li…

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: 9:1…

With no guests and (almost) no preparation, Saadia, Brian and Joel discuss three issues and ask more questions than they are giving answers. First up is the ICC Court’s scrutiny of draft arbitral awards [TIME 10:50], followed by tribunals’ power to disqualify counsel [TIME 29:14]. Happy Fun Time gives the episode its name: how do we plead (and deci…

Hola nerd amigos! We talk to Mohammad Tavana about the application of Sharia law in international arbitration [TIME 07:44]. Then Saadia, just back from a trip to Rwanda and Cote d’Ivoire, discusses some of the investment law and arbitration related trends on the African continent, in particular the AfCFTA treaty, currently being negotiated [TIME 35…

With Joel on holiday, the others talk about one of the more crucial early steps of any arbitration - the advance on costs [TIME 07:33]. We then interview, much overdue, Dorieke Overduin, Senior Legal Advisor with the Dutch Ministerie van Economische Zaken en Klimaat about her work with drafting the Dutch Model BIT, and about the role and function o…

We manage to clock in under an hour, by restricting ourselves to two topics. First, we discuss the notion of territory in investment arbitration, from several different angles that cover both annexations and the metaverse [TIME 11:21]. We then discuss experts for Happy Fun Time, more precisely how to shop for them, how to find them and how to repla…

First, we’re introducing our new guest correspondent Leonor (familiar to loyal listeners), who talks to Lucy Greenwood about how the Green Pledge has morphed and how it is implemented in the real world [TIME 11:40] The three co-hosts then discuss an issue which is very top of the international arbitration community’s mind in times of war and sancti…

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, b…

After trying for several seasons, Joel manages to finally talk the others into recording a somewhat shorter episode. We achieve this by focusing on only one substantive topic, namely settlements - when, how and why do arbitrations settle [TIME 07:09]? Happy Fun Time is about what to do when you don’t have anything to do, or more precisely: how to a…

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 professional…

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 …

For the final episode of the year, the three co-hosts are in three different cities, engaging in three different topics: Brian first talks about contractual preconditions to arbitration, with a specific focus on the construction sector [TIME 08:49], after which Saadia and Joel interview Michael Waibel, professor at University of Vienna about treaty…

In a rare example of thematic consistency, all three segments touch on how to behave (and how not to behave) in international arbitration. We first speak to Baiju Vasani of Ivanyan & Partners, who on LinkedIn has been posting an excellent series of mentoring posts for arbitration lawyers [TIME 13:29]. The three co-hosts then discuss the recent ICCA…

Brian is in Dubai on (arbitration) business and we are all amazed that things are returning to normal, at least for the time being. Saadia opens up the episode with a much-overdue segment on burden of proof/standard of proof [TIME 10:37]. We then speak to James Clanchy, independent arbitrator and Honorary Secretary of the London Maritime Arbitrator…

Things are very, very slowly returning to normal in London but we start off with an interview with Paris-based Veronica Korom about something that happened in Luxembourg: the CJEU’s Komstroy decision about the intra-EU applicability of the ECT [TIME 10:10]. Joel then goes down the procedural rabbit hole, discussing various post-award measures beyon…

Somewhat delayed, we’re finally back with Season 6! We try to understand what happened when the DIFC-LCIA (in Dubai) was abolished [TIME 12:18], Brian has talked to Ambassador Keith Harper about indigenous rights and their overlap with dispute resolution [TIME 36:22], and the inaugural Happy Fun Time concerns Anti-Money Laundering - how do these ob…

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 arbitra…

For this episode, we have neatly given ourselves one segment per person. Saadia first talks to Sophie Nappert about ArbTech, a forum of which she is a co-founder [TIME 11:20]. Then, Joel has read and almost understood Advocate General Kokott’s opinion in Poland v. PL Holdings [TIME 42:04]. Brian closes out the episode, with a highly scientific comp…

After a short break, the Arbitration Station is back with escalation clauses (aka multi-tiered dispute resolution clauses or cooling off-clauses) [TIME 10:57], followed by an interview with Leonor Díaz-Córdova and Natalie Hall about cognitive bias in arbitral decision-making, the subject of an upcoming article of theirs [TIME 38:53]. Happy Fun Time…

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…

Hello there! This week we talk to Iaroslav Gregirchak, the Ukrainian Deputy Business Ombudsman about the work of that very interesting body [TIME 12:04]. We follow up with a second interview, this one with Andre Luis Monteiro on the cross-section of insolvency arbitration [TIME 49:43]. Happy Fun Time was recorded on International Women’s Day, which…

The Arbitration Station Book Club is back! We have read The Unruly Notion of Abuse of Rights and we’re talking about that book together with none other than its author Jan Paulsson [TIME 0:14:45]. The second segment is some arbitration fundamenta: challenges of arbitrators [0:47:21], which is followed by a Happy Fun Time discussion on paralegals: h…

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 abo…

Well rested from our holiday hiatus, we’re back to tackle some of the truly big issues. First out is investment treaty claims arising out of holocaust survivors’ seized property [TIME 09:03], followed by Rachael O’Grady talking about space arbitration [TIME 30:25]. After opening with the holocaust and space, we go small and end with a Happy Fun Tim…

Before taking some time off, we finish the season with a much-awaited interview with Kaj Hobér [TIME 14:40], conducted at the Swedish Law Day webinar. Then we sign off this extraordinary year by following longstanding tradition and discussing holiday gifts, both related to arbitration and… less so [TIME 46:10]. Happy Holidays to all, and special th…

Brian and Joel talk to David Kasdan, a very experienced court reporter with hundreds of arbitrations under his belt, about the crucial but sometimes overlooked role as transcriber in chief during an arbitration [TIME 11:31]. Saadia then takes us on a trip through the updated ICC and LCIA Rules [TIME 47:11], before we have a Happy Fun Time talking a…

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 founder Luke Peterson on the air to talk about IAReporter, its history, work and contribution to the field of investment arbitration.…

The sound is a bit bad because we’re sitting so far apart (together with editor Jan). Brian has called up damages expert Brent Kaczmarek [TIME 08:25] to benefit from his experience from hundreds of arbitrations. Joel then discusses sovereign immunity from enforcement, and in particular enforcement against central bank assets [TIME 41:48]. During Ha…