The Arbitration Station
  • Joel Dahlquist Cullborg and Brian Kotick
68 episodes
The Arbitration Station is a podcast about international arbitration. It covers both investment and commercial arbitration and contains both serious substance and gossipy gibberish. Hosts Brian Kotick and Joel Dahlquist Cullborg.


Season 4 Episode 16 - The Season Finale (and the treaty to end all treaties)
2020 Jun 171h 5m
With a decimated line-up of hosts, and a Corona-related delay in uploads, we close out the season on a strong note with Joel talking about the enforcement of awards that have been set aside [TIME 11:03] and Brian talking about the treaty to end all* treaties: the plurilateral EU treaty to terminate intra-EU investment BITs [TIME 29:08]. We close out the season with a discussion on domestic legal traditions and their influence in arbitration [TIME 45:07]. Thank you all for this season. Unless the world ends, we intend to be back later in 2020 with a fifth (!) season.
Season 4 Episode 15 - Who Wants to be an Arbitrator?
2020 May 121h 22m 58s
We’re all in greater London but of course we’re still not in the same room. Video recording will have to do, as we discuss the recent Draft Code of Conduct for Adjudicators in Investor-State Dispute Settlement, issued by ICSID and UNCITRAL [TIME 13:22], as well as the law governing the arbitration agreement, based on a  recent judgment from the Court of Appeal in London [TIME 39:58]. Happy Fun Time gives the episode its name - who wants to be an arbitrator (and how do you become one)? [TIME 01:01:33]
Season 4 Episode 14 - The Umbrella Clauses
2020 Apr 281h 34m 21s
We are still in isolation but at some point we have to stop naming the episodes after that fact. This week, we talk about when and why to bifurcate arbitrations [TIME 09:24], umbrella clauses [TIME 37:20] and about motivating your team and colleagues in a these complicated times [TIME 01:04:58].Stay safe and healthy, arbitration friends!
Season 4 Episode 13 - The Isolation Episode vol. 2
2020 Apr 141h 23m 45s
Still in isolation, we return to some of the things that are currently occupying the arbitration community: what are the effects of our collective quarantine, in particular on hearings? [TIME 07:07] The second segment deals with potential investment treaty claims based on Covid-related measures [TIME 40:52]. For Happy Fun Time, we talk about pay freezes, bonuses and salaries in the wake of a potential recession [TIME 01:08:42]. Mentioned in the episode:
Season 4 Episode 12 - The Isolation Episode
2020 Mar 311h 17m 9s
Recorded in isolation, we talk to each other as therapy. With all events and meetings cancelled or postponed, we try to simulate the ICC European Conference on International Arbitration by talking about two topics that would have been discussed on panels there (and might be this summer when it takes place): tariff wars and arbitration [TIME 11:20] and the European Green Deal (and the Stockholm Treaty Lab winners can be found here) [TIME 33:03]. We also try our best to remain happy and fun with a discussion on greetings protocol in arbitration: how do you know when and who to hug, kiss on the cheek, shake hands (or rub elbows) with [TIME 58:29]?
Season 4 Episode 11 - The Force Majeure
2020 Mar 031h 7m 32s
Sitting in the same room for once, we talk about transparency in investment arbitration (specifically the tribunal’s power to order it, as highlighted in the majority v. dissent in Rand Investments v. Serbia) [TIME 11:11]. Then, in these Covid times, we talk about how the current virus scare might lead to disputes under force majeure clauses in contracts [TIME 32:53]. Happy Fun Time is (once again) Brian Kotick show - to open plan or not to open plan? [Time 51:45].
Season 4 Episode 10 - The Battle of the Seats
2020 Feb 181h 7m 39s
This week we spend the most time on the epic battle of the seats currently playing out (again) - London v. Paris as the seat of arbitration, brought to the surface by Kabab-Ji S.A.L v. Kout Food Group in the UK Court of Appeal [TIME 13:23]. Then, for Happy Fun Time, Brian gives us the summary of his doctoral dissertation, which is focused on the profound issue of short commands: how to optimise your drafting in Microsoft Word [TIME 47:26].(The Latham & Watkins Book of Jargon in International Arbitration is here)
Season 4 Episode 9 - The Security for Costs
2020 Feb 04
Brian tells us about security for costs, a topic relevant for both commercial and investment arbitration [TIME 08:28]. Then follows an interview with Diego Gotis, whom Saadia spoke to in Vienna [TIME 34:14]. The last segment is always a Happy Fun one, this time about tone and culture in the field of arbitration - what we wished someone had told us earlier in our careers…[TIME: 1:08:28].
Season 4 Episode 8 - The Ratione Temporis
2020 Jan 211h 12m 48s
Back from the holidays, we kick off the new decade with two separate discussions that involve timing: first, the temporal application of investment treaties [TIME 10:02] inspired by a recent arbitral award, secondly when and how can a state’s failure to respect obligations in a commercial arbitration award be the basis for an investment treaty claim [TIME 32:17]? Happy Fun Time then is about our (arbitration-related) resolutions for the new year [TIME 56:29].
Season 4 Episode 7 - The Holiday Special (and a little WTO crisis)
2019 Dec 171h 13m 23s
Happy holidays, arbitration nerds!