
Season 4 Episode 11 - The Force Majeure
03/03/20 • 67 min
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].
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].
Previous Episode

Season 4 Episode 10 - The Battle of the Seats
This week we spend the most time on the epic battle of the seats currently playing out (again) - London or Paris competing - 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)
Next Episode

Season 4 Episode 12 - The Isolation Episode
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]?
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