Still in Sydney, we talk to three heavy-weights: Christophe Bondy is first out, discussing his experience representing states in investment arbitration [TIME 12.:27]. Then, Stavros Brekoulakis talks to us about public-private arbitration (for an article on the topic, see here) [TIME 39:35]. Finally, Susan Franck focuses on our favourite nerd topic: costs [TIME 1:03:46].
In our second episode from Sydney, we have three conversations with ICCA speakers. First, Wendy Miles and Nicola Swan discuss issues relating to CORE, a Canadian ombudsman for responsible corporations [TIME 9:17]. Second, Claus von Wobeser reflects on a 40-year long career [TIME 40:04]. The third segment, finally, is technically no Happy Fun Time, although Mark Kantor does a good job of entertaining us when discussing the use of arbitration in employment contracts, including over matters of discrimination and harassment (and yes, The Stormy Arbitration pops up again) [TIME 1:09:52].
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 [TIME 6:35]. Then, Brian talks to Sydney-based Max Bonnell about arbitration in our host city [TIME 28:53]. Finally, we stick to HFT tradition and talk about grammar rules and drafting styles, in a session recorded in our hotel room [TIME 48:12].
We've arrived in Sydney for the 2018 ICCA Congress! However, this week's episode does not focus on the Congress (but don't worry - there will be plenty of that soon). Instead, we talk to fellow podcaster Leyou Tameru from I-ARB Africa about her work on arbitration in Africa [TIME 6:48]. We stay on topic for our Place of Arbitration series, in which we interview Isaiah Bozimo about Nigeria [TIME 38:24]. Happy Fun Time is, as always, very much off topic: this time we discuss law firm rankings, prompted by the recent publication of GAR 30 [TIME 1:06:51].
We're preparing for our trip to the ICCA Congress in Sydney, and in the meantime we talk to Victoria Kummer about New York as a place of arbitration (some mediation came up as well) [TIME 8:24]. In the second substantive segment we quiz "Canadian-Canadian" Quantum Boy Michael Kotrly about damages in international arbitration - how are they calculated and why are lawyers so bad at calculating[37:54]? Unfortunately there is a crackling that shows up sometimes when Michael speaks, for which we very much apologize! This week's happy fun time then focuses on billing and various aspects of that practice, from both a law firm and an arbitrator's perspective [TIME 1:15:12].
Alexander Foerster takes us on a trip to Germany, to talk about legal culture, German lawyers and the DIS [TIME 4:07]. Then both Brian and Joel discuss the arbitration-related aspects of Stormy Daniel's legal case against what we all assume is the US president [TIME 28:20]. The Happy Fun Time segment, finally, is about internships and their role in our field [TIME 52:38].
Brian talks to Portuguese lawyer Duarte Henriques about arbitration in Lisbon [TIME 8:50], and Joel discusses the use of legal precedent by tribunals [TIME 36:44]. For Happy Fun Time, we give mooties - participants as well as arbitrators - a chance to cure their Vis hangover by talking to Cristen Bauer from the Moot Alumni Association about ways to stay in touch with the moot community [TIME 1:02:40].
On this full-length feature of a podcast episode, Joel talks to Bruno Gelinas-Faucher about the involvement of ICJ judges in investor-state arbitration, prompted by a recent report from the International Institute for Sustainable Investment [TIME 11:01]. For our series on places of arbitration Brian interviews Yasmin Mohammad about the recent English-speaking commercial court in Paris, but since he finally gets to talk to a third party funder, he asks a few questions about that too [TIME 47:50]. Taking things down a few notches, Happy Fun Time deals with how to dress to impress: how should we approach arbitration's silent dress codes [TIME 1:20:00]?
Also mentioned in the episode:
Bruno mentions the article The Revolving Door in International Investment Arbitration, written by Malcolm Langford, Daniel Behn and Runar Hilleren Lie.
In our continued tour around the world we go to Moscow to talk to Roman Zykov about recent reforms in Russian arbitration, Russian arbitration lawyers and a few very interesting war stories from Moscow [TIME 4:18]. We then act as if we know anything about Brexit and its effect on international arbitration [TIME 42:39], but then again who knows anything about what is going to happen? The final segment is a Happy Fun Time discussion inspired by a Kluwer blog post suggesting we start talking about all-male tribunals as "defective" [TIME 59:50].
Inspired by a recent teaching gig, Brian takes a swing at (part of) Joel's research: challenges vs. annulments - what is the difference* [7:20]? For the second stop on our road trip we touch down in Miami, Florida for a conversation with Quinn Smith about Miami as a place of arbitration [33:52 - apologies for the occasional Skype lag; that's on us and not on Quinn]. In the Happy Fun Time segment, finally, we take on the seemingly banal issue of how we're all supposed to pronounce each others' names in this international field of ours [1:01:52].
* In an earlier version of this episode, we only mention four out of five grounds for annulment under Article 52 ICSID Convention - "corruption on behalf of a tribunal member" is left out. We have now updated the audio to reflect that there are in fact five grounds, but we still don't discuss the fifth. Apologies for that and thanks to a thoughtful loyal listener for pointing out the oversight.
In this week's Arbitration Station, Joel talks to Taylor St John about the history of ISDS (an interview he's been waiting to do for a long time) [TIME 7:20]. After that, we start off on our Places of Arbitration trip around the world, with a geographically modest jump to neighbouring Helsinki, where Anna-Maria Tamminnen introduced us to the Finnish arbitration community [TIME 43:08]. For Happy Fun Time, we ask ourselves what the proper protocol is when you travel with colleagues [TIME 1:10:20].
We're back, baby! In the first episode of Season 2, we set up the "Places of Arbitration" series, which will be a recurring feature of the new season [TIME 32:59]. Part of this is talking to a true expert on the matter: professor Loukas Mistelis, who has done a lot of research on competition among different legal seats [TIME 07:45]. The first Happy Fun Time of 2018 is about the phrase "Arbitration Friendly" - what does it even mean [TIME 40:44]?
Season 2 of the world's best Sweden-based arbitration podcast is almost here. In this short trailer, we let you know what you can expect from the new season, which will be aired starting next Tuesday (February 20).
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 also devoted to article writing - where, why and with whom.
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).
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 at 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.
Mentioned in the episode:
Nova Group v. Romania PO7 on Provisional Measures
Supreme Ambitions by David Lat
East-West Street by Philippe Sands
The New Yorker Book of Lawyer Cartoons
Is International Law International? by Anthea Roberts
(And yes, to all private international law specialists - of course the Brussels regulation does not apply to arbitration-related matters, Brexit or no Brexit. The incorrect information was a test on your attention. You probably failed.)
Joel is at the Working Group III Meeting in Vienna, where the possibility of ISDS reform is being discussed. He interviews Michele Potestà 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?
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.
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.
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.