Arbitral Insights

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 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.

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.

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.

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 ‘Africanisation,’ and Section 1782 developments.

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. 

International Arbitration Silk of the Year (Chambers UK Bar Awards 2019) Rachel Ansell QC joins Gautam Bhattacharyya to discuss the career path that led her to the law and international arbitration. The duo cover Rachel’s mentors and their impact on her approach to mentoring, ways in which arbitration can be improved, the criticality of improved diversity, equality, and inclusion in the law – and Rachel’s love of cricket and rugby. 

Secretary general of the ICC Court, Alex Fessas joins global chair of Reed Smith’s international arbitration practice, Peter Rosher to talk about diversity in the world of arbitration and at ICC. The pair discuss why ICC is interested in diversity in its broadest sense, the genesis and aims of the World Business Pride initiative, the ICC Court LGBTQ initiative, and 2022 Pride celebrations. 

Olena Perepelynska, head of international arbitration at INTEGRITES, president of the Ukrainian Arbitration Association and chair of the ICC Ukraine Arbitration Commission, joins Paris-based partner Andrew Tetley to discuss international arbitration in Ukraine. The duo explore current ways of working in Ukraine, what arbitration in Ukraine is like more generally, how the conflict has affected arbitral practice, and the activities of the Ukrainian Arbitration Association.