Arbitral Insights

The crossroads of arbitration and other ADR

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.

What’s on the horizon for 2023 investment treaty arbitration?

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 section 1782 in aid of ICSID arbitrations; the African Continental Free Trade Agreement; the progress of UNCITRAL Working Group III on ISDS reform; and whether the pandemic led to an uptick in ISDS claims.

The main changes to the ICSID Rules

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 ICSID Mediation Rules, the extension of the ICSID Additional Facility Rules and the issue of third party funding under the ICSID mechanism.

This episode is in French.

Spotlight on … Lubna Shuja

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 – before discovering a mutual love of 80s pop and classic cinema.

What’s new for investment arbitration in Africa?

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.

An update on investment treaty arbitration

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 ‘Africanisation,’ and Section 1782 developments.

South Asian Heritage Month: Spotlight on … Rising stars of One Essex Court

Gautam Bhattacharyya welcomes four rising stars of One Essex Court: Nehali Shah, Veena Srirangam, Niranjan Venkatesan and KV Krishnaprasad, for the final episode in our SAHM series. The conversation covers why each chose the legal profession, their career mentors and inspirations, advice for up-and-coming lawyers, memorable cases and views on DE&I, before turning to musical interests, travel wish lists and favorite films.

South Asian Heritage Month: Spotlight on … Saima Hanif QC

Commended for Barrister of the Year (The Lawyer Awards 2021) Saima Hanif QC joins Gautam Bhattacharyya to discuss the path that led her to the law, her career inspirations, and the progress of diversity, equity and inclusion in the legal profession. The duo discuss Saima’s philosophy that ‘your CV needs to follow your life,' before turning to her love of Britpop and the Sachal Jazz Orchestra.

South Asian Heritage Month: Spotlight on … Bankim Thanki QC

Pre-eminent leading counsel and Head of Fountain Court Chambers Bankim Thanki QC joins Gautam Bhattacharyya to discuss his journey to the bar. The duo cover Bankim’s role models, the differences in advocacy in litigation vs arbitration, some of his memorable cases, his work with Ukraine, diversity in the field of law – and his love of bluegrass music and the opera.

South Asian Heritage Month: Spotlight on … Farhaz Khan QC

Described by directories as “likely to become a doyen of the market,” Farhaz Khan QC of 3VB joins us for this “Spotlight on…” episode. He and host Gautam Bhattacharyya discuss Farhaz’s academic background, why he became a lawyer, his mentors and career inspirations, potential reforms to the arbitral process – and his 2022 Glastonbury experience.