Arbitral Insights

Miami-based Gilberto Guerrero-Rocca welcomes guest speaker, attorney, and legal scholar Luis A. Bergolla to explore the changing definitions of “investment” and “dual nationals.” The duo discuss the impacts of, and takeaways from, the recent case of ICSID Gramercy v. Peru. They then cover jurisdictional awards from a recent PCA case, followed by a brief exploration into whether dual nationals sati...

Gautam Bhattacharyya welcomes prominent international arbitrator and Founder of Careers in Arbitration and ARBalance Amanda Lee to discuss Amanda’s career story, her mentors, and her views on what the hardest thing is about being an arbitrator. Amanda then shares her views for furthering DEI and belonging in arbitration in a response that Gautam commends as one of the very finest expositions of th...

Singapore-based counsel Joyce Fong welcomes Head of International Arbitration for Frasers Law Company (Vietnam) Earl Rivera-Dolera to explore the international arbitration landscape in Vietnam. The duo discuss common jurisdiction and governing law clause choices for contracts involving Vietnam-based projects and the “winning formula” to maximize enforcement opportunities in Vietnam, before reviewi...

In the second of our 2023 Greener Arbitrations mock debates, comperes Alison Eslick and Vanessa Thieffry welcome Dubai-based Antonia Birt and Houston-based Daniel Avila as they tussle with whether the Green Model Procedural Order is unavoidable.

Gautam Bhattacharyya welcomes the director of the Center for Transnational Litigation, Arbitration, and Commercial Law at NYU School of Law, and international arbitrator, Franco Ferrari to discuss the path that led him to a career in law and international arbitration. The pair discuss Franco’s passion for academia and the freedom it affords, memorable venues for arbitration, and the need to resist...

Our Greener Arbitrations miniseries is back – and in debate form, no less. In the first of our mock debates examining how to reduce the environmental impact of arbitration, Paris-based Vanessa Thieffry and Dubai-based Alison Eslick welcome international arbitration lawyers Suzie Savage and Matthew Townsend as they argue for arbitration agreements to be amended to include sustainability measures, a...

Arbitrator, counsel, academic, and co-founder of REAL (Racial Equality for Arbitration Lawyers) Dr. Kabir Duggal joins host Gautam Bhattacharyya for this “Spotlight on…” session. The duo discuss how Kabir found the law, who has influenced him the most along his career path, and what makes for a good international arbitration lawyer. They then explore Kabir’s first appointment as arbitrator, the ea...

Monique Sasson joins Gautam Bhattacharyya for this “Spotlight on…” session. Monique, an Italian avvocato and English solicitor advocate, shares what attracted her to the field of law and to arbitration, career mentors she encountered on the road to becoming an arbitrator and key takeaways from acting as an arbitrator in three different jurisdictions. Monique also discusses her academic background,...

London-based international arbitration partners Suzie Savage and Patrick Beale team up for another investment treaty arbitration update. This episode includes commentary on the status of ECT modernization and State withdrawals, a U.S. court’s refusal to enforce an ECT award, and Ecuador’s signing of a Host State Agreement with the PCA. The duo then go on to discuss the Law Commission’s Second Cons...

Miami-based counsel Eduardo De la Peña Bernal welcomes CISG Advisory Council member, law professor, arbitration practitioner, and author Edgardo Muñoz to discuss international arbitration and the United Nations Convention on Contracts for the International Sale of Goods (CISG). The duo provide an introduction to the CISG and explore the impact that its different provisions might have in arbitratio...

Leading Caribbean arbitrator, mediator, and advocate Shan Greer is our next guest for our “Spotlight on…” series with host Gautam Bhattacharyya . Shan shares what first interested her in the law, her transition to being a full-time arbitrator and mediator, and the importance of believing you deserve a seat at the table. The duo then explore what more arbitral institutions can do to champion female...

Global chair of our international arbitration practice Peter Rosher welcomes ICC Court President Claudia Salomon to celebrate the ICC Centenary in our 100th Arbitral Insights episode. Sharing 100th-related milestones, the duo discuss what the ICC has achieved so far in its century-long dispute resolution journey, its aims for the future, and its client-centric strategy. They then focus on ways in...

Gautam Bhattacharyya welcomes SIAC Director and South Asia Head Shwetha Bidhuri for the next instalment of our ‘Spotlight on…’ series. The duo discuss what initially drew Shwetha to the law and international arbitration, the evolution and success story of arbitration in India, and the rise and strategy of SIAC in South Asia. They then explore what more needs to happen to maximize India’s role on t...

Reed Smith international arbitration lawyers Daniel Ávila (Houston) and Bridgette Lehman (Philadelphia) host Megan Paget-Brown , CEO and co-founder of the Cayman International Mediation and Arbitration Centre (CI-MAC), for an exclusive interview regarding the CI-MAC's recent opening and its rules. The group also discuss the history of arbitration in the Cayman Islands, recent arbitral law, the dem...

International arbitration partner and Astana Office Managing Partner, Suzie Savage, welcomes Head of International Dispute Resolution at Lamb Chambers, Dr. Natalia Perova , to discuss Natalia’s background, what led her to the law, and her career mentors. The duo then explore the positives that come from having diverse arbitral tribunals, how things have improved for women in arbitration in general...

Host Gautam Bhattacharyya welcomes the founder of the Indian Women in International Arbitration (IWIA) group Niyati Ahuja to discuss the genesis of this initiative, the IWIA’s objectives, and plans for the future. The duo then discuss Niyati’s career, her inspirations and mentors, and what more can done to ensure better recognition and awareness of Indian women in arbitration in India and internat...

Senior associates Jane Miles (Dubai) and Bartek Rutkowski (London) set the scene for the Law Commission of England and Wales’ consultation on the Arbitration Act 1996. The duo discuss some of the key areas under review and in relation to which recommendations for legislative change may be on the horizon later this year. Topics include confidentiality, independence and impartiality, immunity, discr...

India Business Team Chair Gautam Bhattacharyya hosts our Middle East office managing partner, Sachin Kerur and Singapore partner and International Arbitration in Singapore: Legislation and Materials author Timothy Cooke to discuss the respective roles of the Middle East and Singapore for India-related arbitrations. The trio explore how India-related business has impacted the Middle East and Singap...

Former chairman of the ICC Commission on Arbitration and ADR, Chris Newmark , joins Paris-based international arbitration lawyer Andrew Tetley to discuss the place of arbitration in the wider landscape of alternative dispute resolution (ADR). The duo offer predictions on what ADR may look like – and what its users may be like – in the future.

Suzie Savage and Patrick Beale discuss key developments in the investor-state dispute settlement (ISDS) landscape in 2022 and look ahead to 2023. The duo’s third horizon-scanning instalment covers the Energy Charter Treaty (ECT), including various EU states’ intention to leave and what this means for the future of the ECT; the review of the 1996 English Arbitration Act; the availability of USC sec...

Paris-based Guillaume Aréou welcomes Aïssatou Diop (legal counsel, ICSID) and Professor Arnaud de Nanteuil (Université Paris-Est Créteil) to discuss the main changes to the ICSID Rules, which came into force in July 2022. Aïssatou Diop presents ICSID’s perspective, while Professor de Nanteuil shares his expertise as an academic and legal practitioner. The trio analyze the implementation of the ICS...

Lubna Shuja – the first Asian, the first Muslim and only the seventh female president of the Law Society of England and Wales – joins Gautam Bhattacharyya to discuss her career path, inspirations, and overcoming obstacles. The duo then explore Lubna’s achievements in representing the solicitors’ profession, what The Law Society presidency means to her, and what she aims to do in this new role – be...

ICSID Secretariat Team Leader and Legal Counsel Paul Jean Le Cannu joins Paris-based international arbitration partner Clément Fouchard to discuss investment arbitration in Africa . The discussion covers African participation in ICSID proceedings, the impact of the 2022 ICSID rule amendments for Africa, discernable trends in recent intra-African BITs and the AfCFTA.

Suzie Savage and Patrick Beale share their views on this year’s key investment treaty developments, building on a December 2021 episode in which they anticipated what to expect in the investor-state dispute settlement space in 2022. This discussion covers ICSID rule amendments, green efforts, and Energy Charter Treaty modernisation, through to UNCITRAL Working Group III updates, the theme of ‘Afri...

Rogier Schellaars , partner at Van Doorne and contributor to the Netherlands Arbitration Institute, the Dutch Arbitration Association and the Law Firm School, joins Reed Smith host and Paris-based international arbitration partner Andrew Tetley to discuss the emergency arbitral process, fast track proceedings and the Dutch approach to both.