Arbitral Insights

Former Advocate General for Maharashtra and Additional Solicitor General of India, senior advocate Darius Khambata discusses his career path, his inspirational mentors, his thoughts on the state of arbitration, and offers advice for the up-and-coming generation of practitioners and arbitrators in this next installment of our “Spotlight on…” miniseries with our host, Gautam Bhattacharyya .

David Brynmor Thomas QC shares his greatest career inspirations and the path that led him to first become a medical doctor, then a solicitor, and then a barrister, with our host Gautam Bhattacharyya.  The duo also discuss the differences and similarities when acting as counsel and as arbitrator, and explore the adjustments that can be made to make the arbitration process a better and more efficien...

J.P. Duffy reflects on international arbitration in the life sciences industry throughout 2021, exploring the increase in emergency arbitration and uptick in manufacturing and distribution disputes, before looking ahead to what 2022 might bring, including the potential proliferation of disputes linked to M&A and expert determination.

Ana Atallah and Clément Fouchard discuss developments in the field of international arbitration in Francophone Africa, including the official launch of the African Continental Free Trade Area and initiatives to promote international trade, access to finance, and dispute resolution on the continent, before exploring arbitral diversity in the region, a rise in local efforts to promote a culture of a...

Suzie Savage and Patrick Beale discuss important developments in the investor-state dispute settlement space in 2021, including key takeaways from landmark decisions and State responses to the COVID pandemic, before focusing on what to expect in the next 12 months, the impact of institutional rule reforms, and a likely proliferation in climate change and clean energy related claims.

Peter Rosher , Vanessa Thieffry , and Liam Hart reflect on the past, present, and future of international arbitration and the construction industry. The trio first discuss new developments in construction arbitration and construction contracts; the drive for greater efficiency in dispute resolution; and COVID-19’s impact on supply chains, finance, and labor in the sector. They then explore the cha...

Timothy Cooke and Lianjun Li reflect on the increased acceptance of and support for international arbitration across Asia in 2021 through new legislation, enforcement arrangements and case law, and discuss the continuation and likely acceleration of acceptance and supportive measures for arbitration across the region in 2022.

Gautam Bhattacharyya and Simon Greer recap the key developments in arbitration in India over 2021, including the continued development of institutional arbitration in the country, before exploring what the future holds for arbitration in 2022.

Nick Austin and Lianjun Li review key developments in arbitration in the shipping sector in London and across Asia. They summarize the major themes to have emerged in maritime arbitration in 2021 before looking ahead to the type of disputes in the pipeline for 2022, areas of change in the arbitral procedure, and the increasing awareness of alternative maritime dispute resolution in Asia.

Sachin Kerur , Michelle Nelson and Chris Edwards reflect on arbitral developments in the Middle East, including the nationalization of the local arbitration industry, the role of women and Emiratis in the industry and the new UAE mediation law, before looking ahead at changes relevant to international arbitration happening in the UAE and wider MENA region in 2022.

Elizabeth Farrell and Richard Swinburn provide a macro view of disputes in the commodities sector in 2021 (covering the impact of COVID and climate change), before discussing the outlook for 2022, including an increased focus on enforcement, fraud and insolvencies, and procedural commentary on virtual arbitrations and the disclosure process.

Singapore-based partner Timothy Cooke and Dubai-based partner James Willn discuss what a transition away from fossil fuels means for the future of international arbitration. The duo explore the potential change in the geography, and the potential uptick, of arbitral disputes caused by investments in renewable energy and non-oil and gas-related infrastructure and technology.

Gautam Bhattacharyya welcomes Vasanti Selvaratnam , senior QC and joint head of The 36 Group for a conversation exploring her background, her career as a lawyer, and highlights practicing as a trailblazing counsel and international arbitrator.

Paris-based international arbitration partner Clément Fouchard and senior associate Guillaume Aréou welcome Dr. Sylvie Bebohi Ebongo for the first in a series of podcasts focused on arbitration in Francophone Africa. Dr. Bebohi Ebongo is co-founder and partner of HBE Avocats. She is admitted to the Paris and Cameroon bars. In this episode, our speakers explore the practice of arbitration in the re...

Gautam Bhattacharyya  welcomes – and pays tribute to – the renowned and respected legal legend Fali S. Nariman. The duo explore the best way forward for arbitration to thrive and excerpts from Mr. Nariman’s autobiography, Before Memory Fades.

Hugo Perezcano (former head of Mexico’s Trade Remedy Authority and general counsel for international trade negotiations) and David Gantz (Will Clayton Fellow for Trade and International Economics at Rice University’s Baker Institute for Public Policy, Center for U.S. and Mexico) are hosted by Will Russell from our international arbitration group in Houston for a discussion on the key differences b...

Gautam Bhattacharyya welcomes another of his mentors, the founding and senior partner of Bharucha & Partners, Marezban P Bharucha. The duo explore why MP became a lawyer, who inspired and mentored him, his reflections on some of the seminal arbitration cases he has been involved in during his many decades of practice, his work as both counsel and an arbitrator, and some tips for aspiring practitio...

The Saudi Center for Commercial Arbitration’s (SCCA) Chief of ADR and General Counsel, Christian Alberti discusses the SCCA’s background, case load, arbitrator roster, and arbitral award enforcement in the Kingdom with New York-based international arbitration partner J.P. Duffy and Dubai-based senior associate Alison Eslick .

Justice B. N. Srikrishna discusses his career, reflects on his tenure on the Indian Supreme Court, and shares thoughts about his work as an arbitrator. Joined by India Business Team Chair Gautam Bhattacharyya , Srikrishna discusses best ways for arbitration to thrive, and also shares tips for aspiring practitioners.

The English High Court reforms to the requirements for witness statements include pioneering measures aimed at improving the quality of witness recollection. These reforms may also influence how international arbitration responds to the challenge of witness evidence in the future. Counsel Suzie Savage and Knowledge Management lawyer Dan Newbound delve into the hot topic of witness evidence and sha...

In the second of our “Spotlight on…” series, and on the eve of the five-year anniversary of the Mumbai Centre for International Arbitration, Reed Smith’s India Business Team Chair Gautam Bhattacharyya  hosts Neeti Sachdeva for a discussion on the development of institutional arbitration in India. The duo explore the current work and key objectives of the MCIA at its five-year milestone, what led t...

Gautam Bhattacharyya leads a discussion about the ICC Arbitration and ADR Commission’s report on the “Accuracy of Fact Witness Memory in International Arbitration.” His guest is José Astigarraga , Reed Smith global chair for international arbitration and co-chair of the ICC task force on enhancing the value of witness evidence. Learn what motivated the ICC to form this task force, what work it car...

International arbitration partner Michelle Nelson shares practical insights into arbitration practice, from the perspective of an arbitrator. Hosted by senior associate Alison Eslick , Michelle covers what arbitrators and arbitral tribunals are most (and least) impressed by, and shares lessons learned to help clients put their best foot forward in arbitration proceedings. 

Hong Kong-based international arbitration partner Donald Sham hosts Andrew Stevens , Barrister-at-Law at 4 Pump Court, for a discussion on the revisions to the LMAA terms, including amendments impacting virtual/semi-virtual hearings and electronic signatures, witness statements, and arbitrator appointments.

Reed Smith partner and India Business Team Chair Gautam Bhattacharyya hosts SIAC Court member and international arbitration lawyer Shaneen Parikh (a partner with Cyril Amarchand Mangaldas) to discuss career inspirations, recent developments in Indian arbitration law, Shaneen’s role on the SIAC Court, and her advice to aspiring international arbitration lawyers.