In a return to the good old format, it’s just the two of us (i.e. no expert guests). The two substantive parts see us discussing the well-known Salini criteria [12:20] and the more practical issue of procedural orders [30:35]. Happy Fun Time is about the unsung heroes of the treaty world: all the international instruments that do not have the glamour of the New York Convention but still might come up in arbitration [47:30].
Joel is in Copenhagen and Brian is in Amsterdam so the initial segment is recorded remotely, in a way that brings back memories from the early days of DIY audio. Thankfully, most of the episode was recorded in Sydney, where we first talk to ICSID Secretary-General Meg Kinnear about ISDS reform and ICSID's role in it [TIME 9:27]. Next, Ben Hayward discusses conflict of laws in international commercial arbitration (he has a great book out, if you use this link you will get a good discount from Oxford University Press) [TIME 35:12]. Finally, Hugh Carlson discusses AI and cybersecurity and how they interact with arbitration [TIME TIME 59:27]. No Happy Fun Time this week - it will be back next week, in the final episode from Sydney (we think).
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].