Arbitral Insights

Gautam Bhattacharyya hosts Cyril Shroff for an insightful discussion about India's legal landscape and its future. The pair discuss Cyril’s professional journey to his current role as a distinguished managing partner and pivotal moments along the way. They then turn to key trends, challenges and opportunities shaping the industry, the evolving role of legal professionals in a rapidly changing world and Cyril’s role at SIAC. ----more---- Transcript: Intro: Hello and welcome to Arbitral Insights, a podcast series brought to you by our International Arbitration Practice lawyers here at Reed Smith. I'm Peter Rosher, global head of Reed Smith's International Arbitration Practice. I hope you enjoy the industry commentary, insights and anecdotes we share with you in the course of this series, wherever in the world you are. If you have any questions about any of the topics discussed, please do contact our speakers. With that, let's get started. Gautam: Hello, everyone and welcome back to our Arbitral Insights podcast series. And I am delighted today to have us our guest none other than Cyril Shroff. Hello, Cyril. Cyril: Hi. Hi Gautam. Gautam: It's great to see you as always. Now, Cyril is someone who really needs no introduction. If you just say Cyril, everyone knows it's him. But I'm going to tell you a little bit about Cyril because I've had the joy of knowing Cyril for a very long time and he's, he's a very special person. Cyril isn't just a legendary name in the law in India. He's a legendary name in the law globally and rightly so, uh he is an incredibly highly respected practitioner in many areas. Of law, particularly corporate securities banking, insolvency and infrastructure. He also started out as I'm sure Cyril, you will tell us in the course of our discussion as a disputes lawyer. And Cyril still has an incredible knowledge and reputation in that field such that most recently to add to his many accolades, he was appointed to the board of directors of the Singapore International Arbitration Centre, SIAC something we'll speak about in the course of this podcast. Cyril is the managing partner of Cyril Amarchand Mangaldas, India's leading law firm. It has offices all around India. Cyril himself is based in Mumbai, the wonderful city of Mumbai and the firm not too long ago, opened an office in Singapore and I'm sure there'll be more expansion uh strategies in Cyril's mind, but CAM as it's known is rightly regarded as one of the premier law firms globally, not just in India, it's a firm that, you know, many of our listeners will know very well and I'm sure many of our listeners will have heard of Cyril, have come across Cyril, worked with Cyril, met Cyril. He really is an incredible thought leader in so many respects. So, Cyril, it's a real privilege for me despite having known you for such a long time to be doing this podcast with you. It really is a personal honor. So thank you for joining this podcast. Cyril: Thank you, Gautam and that was very, very kind of you. Of course, I have known you for now almost three decades and it's been an absolute joy and privilege and thank you for inviting me for this. So I'm looking forward to our conversation. Gautam: Thank you. I certainly am too. So let me start with this Cyril. Tell us a little bit about who in the course of your long and illustrious career so far in over, in over four decades of practice, um who have been your greatest career mentors and inspirations. Cyril: That's a great question. Uh Gautam. So as you know, I come from a family of a long lineage of, of lawyers. So the the the firm was founded by my grandfather. So I think it kind of is very natural to assume that some of my primary mentors were from the family and in particular, my uh my late father and who the firm of course, was uh very different during his time. But uh he, he was probably the one who influenced uh my professional personality the most because he was uh extraordinarily hard working and a...

Kristin Campbell-Wilson, executive director of the recently launched Abu Dhabi International Arbitration Centre (known as arbitrateAD), talks with Dubai-based partner Antonia Birt and associate Laura Adams about the establishment and mission of arbitrateAD. They delve into how the centre fits into the global arbitration landscape, how it differentiates itself from its competitors, and what the new rules will offer arbitration users. ----more---- Transcript: Intro: Hello and welcome to Arbitral Insights, a podcast series brought to you by our International Arbitration Practice lawyers here at Reed Smith. I'm Peter Rosher, global head of Reed Smith's International Arbitration Practice. I hope you enjoy the industry commentary, insights and anecdotes. We share with you in the course of this series, wherever in the world you are. If you have any questions about any of the topics discussed, please do contact our speakers and with that, let's get started. Laura: Welcome back to another episode of Arbitral Insights. I'm Laura Adams, senior associate in the Energy and Natural Resources team. I'm here today with Antonia Bert, a partner in our Global Commercial Disputes team here in Dubai. And we are thrilled to be joined by today's guest speaker, Kristin Campbell-Wilson, executive director of the newly launched Abu Dhabi International Arbitration Center known as ArbitrateAD. Antonia: Welcome. And congratulations Kristin on the role. Uh and the very exciting launch of ArbitrateAD uh you joined ArbitrateAD in late ‘23 to establish the institute with the ambition to grow it into a leading center in the EMEA region. Uh But of course, you're no stranger to arbitration. You have two decades of international arbitration experience. Uh most recently with the SCC Arbitration Institute where you worked as Deputy Secretary General and then later Secretary General prior to this in private practice. And in your role at the ACC, you led various key projects including projects that really put the ACC at the forefront of technological developments. Uh Specifically, I was thinking of the development of the first digital platform for secure communications and file sharing. So we are very excited to have you here. I know you're also on the board and on committee positions of various organizations including the IBA, uh the IBA 40 editorial boards. So you're bringing a wealth of experience into the region and we are very, very happy to have you on board. So welcome again. Let's start with an overview of the arbitration sphere here in the region and how and where ArbitrateAD fits in. As many of our listeners will know ArbitrateAD replaces the Abu Dhabi Commercial Conciliation Arbitration Center known as ADCCAC and also its rules and the rules - the new rules have come into force on the first of February this year 2024. ADCCAC was originally established in 1993 by the Abu Dhabi Chamber of Commerce. And despite significant updates to the old ADCCAC rules in 2013, criticism has plagued the center with respect to efficiency. Another sort of relevant aspect I wanted to mention is the ADGM, the Abu Dhabi Global Market that was formed some time ago, following which there is an arbitration center that was opened by the ADGM. But that center of course is not an administering institution. It has stated the arbitration facilities but not a center in the way that we know it as part of the arbitration industry. So given all this, it's of course, also no secret that a lot of the arbitration users in Abu Dhabi have previously selected the ICC and the ICC rules for their arbitration clauses. So with this little piece of background, can you give us a brief introduction to ArbitrateADD, the background to its inception and where it fits in within this arbitration landscape? Kristin: Sure, I'd be happy to um first let me just say thank you for inviting me to be a part of your podcast. Very excited to be here. So thank you very much for the kind invitation. So the...

Gautam Bhattacharyya is delighted to welcome arbitrator Hasit Seth for a conversation that delves into Hasit’s career trajectory and discusses the individuals who have shaped his professional journey and influenced his approach to arbitration. The duo then explore the evolving landscape of arbitration and thoughts for the future. ----more---- Transcript: Intro: Hello and welcome to Arbitral Insights, a podcast series brought to you by our International Arbitration Practice lawyers here at Reed Smith. I'm Peter Rosher, global head of Reed Smith's International Arbitration Practice. I hope you enjoy the industry commentary, insights and anecdotes we share with you in the course of this series, wherever in the world you are. If you have any questions about any of the topics discussed, please do contact our speakers and with that, let's get started. Gautam: Hello, everyone and welcome back to our Arbitral Insights podcast series. And I'm delighted today to have as our guest on this episode Hasit Seth. Hi, Hasit. Hasit: Hi Gautam. Gautam: It's really nice to have you on. I'm really excited about our conversation. Hasit is uh a, an Indian lawyer based in the wonderful city of Mumbai. He's also a part from being an independent counsel, he's an arbitrator and mediator and he's a fellow of the Chartered Institute of Arbitration. He has a very interesting academic background which in many ways instructs his practice because he a part from having a commercial practice, also has a technical specialism in a number of areas in the law. He has a Bachelor of Science in Computer Science and two master's degrees as well as an LLB. He has studied in the U.S. as well as in India. And apart from being an incredibly talented Council, he's one of this new generation that I really love these new arbitrators who are coming in, breaking the mold and gaining real profile. And I mentioned in my introduction that a part from his commercial practice, Hasit has a technical, a technology side to his practice, which emanates from the fact that one of his master's degrees was in intellectual property. So he has a broad range of talents. And I'm very excited to speak to you Hasit. And apart from being an arbitrator in India, I will just say that Hasit is also empaneled as an arbitrator in many other arbitral institutions regionally and in the Middle East. And I've got no doubt that his name is one to watch in the world of sitting arbitrators. So once again, a very warm welcome to you, Hasit. Hasit: Thank you very much Gautam. And I really appreciate uh Reed Smith's this series of podcasts, Arbitral Insights because I got to know of many people through your podcast who I would not have come across. People from West Indies, people doing mediation and many other names. So it's really exciting. Gautam: That's very, very kind of you to say. And uh it, it's a real privilege to have you on the series. Let me uh start with what drew you to law as a career in the first place Hasit? Hasit: Yes. So, uh I, I have seen you, heard you asking this question on many podcasts I mean So uh let me, let me start with the wrong answer. So my wrong answer is that my dad was a lawyer and a judge and that made me do law. But that's the wrong answer, because, he himself was a nuclear scientist and then turned to law. I mean, so it wasn't traditional for him. And it's also not traditional for me because I was destined to be a programmer. I enjoyed computer science and I was a professional programmer. What I heard from him is that law is a very interesting subject to study as a mental discipline. I mean, so I did law for that and he was very open that you don't need to practice law. You can do other things in life after a law degree. But uh what, what fascinated me and brought me to law as a choice is that in computer science, we have very definite determinate answers in any branch of science. It's very perfect in that sense. While in social sciences, of which law forms a...

Explore the art of cross-examination in international arbitration with J.P. Duffy and Raj Pillai KC (3VB). In this episode, the duo discusses strategic insights, preparation techniques, tribunal expectations, and question dynamics that lead to effective cross-examination. ----more---- Transcript: Intro: Hello and welcome to Arbitral Insights, a podcast series brought to you by our International Arbitration practice lawyers here at Reed Smith. I'm Peter Rosher, global head of Reed Smith's International Arbitration Practice. I hope you enjoy the industry commentary, insights and anecdotes we share with you in the course of this series, wherever in the world you are. If you have any questions about any of the topics discussed, please do contact our speakers. And with that, let's get started. J.P.: Welcome back to the next episode of Arbitral Insights which will discuss effective cross examination and international arbitration with Raj Pillai KC, who's a barrister at 3VB in London. I'm J.P. Duffy. I'm an international arbitration partner based in New York that acts as both council and arbitrator and international arbitration seated around the world under a variety of governing laws and arbitral rules. I participate in several hearings a year as both council and arbitrator in which witnesses are cross-examined and can offer a more American point of view on this subject. As I mentioned with me today is Raj Pillai, who's a King's Council based in London. He acts in international arbitrations and also appears in English courts and various others including the BVI, Abu Dhabi and Singapore. His role is generally as lead advocate. So he will determine strategy with the client and the legal team and then run the arguments and carry out the cross-examinations. Raj is gonna offer some insights based on both common law litigation and his arbitration experience. So welcome Raj and thank you for joining us today. Raj: Thanks J.P. Nice to be here. J.P.: So let me begin by talking about the importance of cross examination in international arbitration so that we can set the stage of it for our discussion. As many of the listeners will know in international arbitration, direct witness testimony is usually offered by witness statement and that's written witness statement. And what that means is that the witness will tell their story through a written document that has been prepared with the help of lawyers. There's a trend in occasion for some of these witness statements to be written entirely by the legal team and then signed off by the witness that can be a mistake because oftentimes it doesn't present the witness in a manner that allows the witness to seem very authentic or seem like they're offering their true factual story. Typically, the way that we like to do things is we like to interview the witness, hear their story, prepare them in at least from the US perspective in a way that we might prepare a witness for direct examination and then put their witness statement down on paper and then have them sign off on that. That's usually the way it's done in the US I should mention, I'm qualified in England and Wales as well. So we can have issues occasionally with how we prepare witnesses and the differences between the two systems. But I think that's usually the way most people would do it from a general perspective. Now, what that also means is that cross therefore becomes the first opportunity for the tribunal to really hear from the witness themselves and to assess the witness. So it's one thing and I've noticed this sitting in as arbitrator, it's one thing to read a witness statement and to get a sense of what you might think the witness is, it's a very different experience. When you then see that witness hear from them live, see their mannerisms, hear their words coming directly from their mouth, with their own timber, their own tenor and their own delivery. So cross really takes on a disproportionate value and importance in...

In this edition of ‘Spotlight on…’, Gautam Bhattacharyya is joined by Sudhir Mishra, founder and managing partner of Trust Legal, New Delhi, and one of India’s top environmental lawyers. Together, they dive into Sudhir’s professional journey and the figures he regards as his mentors. The conversation then turns to the changing terrains of environmental arbitration, the contrasts between this and commercial arbitration, and Sudhir’s hopes for the role of dispute resolution in environmental matters. ----more---- Transcript: Intro: Hello and welcome to Arbitral Insights, a podcast series brought to you by our International Arbitration Practice lawyers here at Reed Smith. I'm Peter Rosher, global head of Reed Smith's International Arbitration practice. I hope you enjoy the industry commentary, insights and anecdotes. We share with you in the course of this series, wherever in the world you are. If you have any questions about any of the topics discussed, please do contact our speakers and with that, let's get started. Gautam: Hello, everyone and welcome back to our Arbitral Insights podcast series. And I'm delighted today to have as our guest, Sudhir Mishra, the managing partner of Trust Legal in New Delhi. Hello, Sudhir. Sudhir: Good afternoon Gautam. Very grateful for this opportunity and I really look forward to discussing with you. Gautam: Well, it's wonderful to have you and I'm delighted that you accepted our invitation to be on this podcast. I've been wanting to do a podcast with you for a long time and for many reasons. But there's one major reason and that is that you amongst other things, have a great reputation and specialism in environmental law and you are very well regarded and rightly so well regarded. One of the foremost experts on Indian environmental law and you have a great affinity for this area. And I, and in the course of this discussion today, I would like to uh engage with you in a discussion around how arbitration and environmental law meet and what the future is for the resolution of environmental law disputes by arbitration. And we'll talk about that and about a number of other things. But before I do all of that about environmental law, just a quick few words about you, for our listeners. For those of our listeners who don't know you or haven't come across you before. Sudhir, apart from being a wonderful person, and I must say that is his greatest attribute in my view. He's a wonderful human being. He's also a wonderful lawyer and his firm Trust Legal uh has a number of very, very good specialisms uh including dispute resolution of many kinds, but also environmental law. And one thing that we're not going to talk about in this podcast with regret is that also it's a very well regarded firm in the area of media and entertainment law. But uh but we are going to be focusing on some other areas today with Sudhir because in fact, I could do a whole series of podcasts with Sudhir. We, we could do the Sudhir Mishra podcast series. Such is the range of issues which he could talk about, but Sudhir set up Trust Legal many years ago and it's now rightly a very well respected firm in India and Sudhir, as I mentioned, is an expert amongst other things in environmental law. Uh So it really is wonderful to have you with us on this podcast. Sudhir. Let me, first of all, ask you a little bit about your background if you could tell our listeners because it's always interesting to, to know how things began because things always begin from somewhere. And I know a lot about you myself, but I want the listeners to know a little bit about your backstory. So a little bit about your background and how you found the law or indeed, how the law found you. So I'll hand over to you Sudhir. Sudhir: So Gautam, thanks again. And while you are the toast of this entire country in India, because of what you have achieved in last many decades, and more specifically in last 3 to 4 months with regard to the large public sector Indian...

Distinguished Malaysian lawyer and full-time international arbitrator Sitpah Selvaratnam is our guest for this episode of ‘Spotlight on …’ Host Gautam Bhattacharyya takes us on a journey through Sitpah’s remarkable career, discussing the focus of her practice and the attributes she believes are necessary for anyone aspiring to become an arbitrator. The conversation then explores diversity, equity, and inclusion within the legal profession – pertinent given Sitpah’s role as co-chair of the Asia Pacific chapter of the Equal Representation in Arbitration pledge. ----more---- Transcript: Intro: Hello and welcome to Arbitral Insights, a podcast series brought to you by our International Arbitration practice lawyers here at Reed Smith. I'm Peter Rosher, global head of Reed Smith's International Arbitration Practice. I hope you enjoy the industry commentary, insights and anecdotes we share with you in the course of this series, wherever in the world you are. If you have any questions about any of the topics discussed, please do contact our speakers. And with that, let's get started. Gautam: Hello and welcome back to our Arbitral Insights podcast series. And I'm delighted that in this edition we have as our guest, Sitpah Selvaratnam. Hello, Sitpah. Sitpah: Hi Gautam. Thank you for having me on your podcast. I'm delighted to be here. Gautam: Well, I'm delighted that you're on this podcast. I've been wanting to do a podcast with you for a long, long time and it's, it's wonderful that we've got this opportunity and I know that our listeners will thoroughly enjoy your thoughts and discussions on the points that we're going to be talking about. Now, I will first will introduce you because some of our listeners may not be familiar with you, but you are put it this way, a real force of nature and you are an incredibly impressive lawyer and arbitrator. So um I, I could actually spend the whole half hour talking about your antecedents, but I will have to keep this uh summary short about your profile. So, Sitpah is one of the leading lawyers in Malaysia. Um She's been practicing there for over 30 years. She was called to the Malaysian Bar in 1990 having studied over here in the UK. Yeah, and I'm sure we'll come back to that Sitpah over the course of our discussion, and she, she commenced her practice in Malaysia at one of the largest firms in Malaysia and then was a founding partner of the very excellent firm of Tommy Thomas, uh where she recently has just left. So she's just left that firm to set up practice as a full time arbitrator. And we'll be discussing that in the course of this podcast. Sit is a very highly ranked lawyer in a number of areas amongst other things. Apart from her commercial practice, she has a very, very well regarded maritime practice and that has always been one of her big specialisms as well as commercial arbitration and litigation. So it's a real honor to be doing this podcast with you Sitpah and I'm really looking forward to our discussions today. Sitpah: Gautam, you are just too kind. It's so lovely to be here chatting with you. So I hope this is of interest to your listeners. Gautam: It will undoubtedly be. And I, I want to start with this question, what drew you to law as a career in the first place right now? Sitpah: So it was accidental, as much as it was a process of elimination. I come from a rather conservative family out here in Malaysia, of Sri Lankan descent. And so my father was only about to fund my education in the UK if I did a profession. And so the law and being a lawyer seemed least worse. And that's how I ended up in, in Cardiff reading law and then in Cambridge to do my master's and the rest is history. Gautam: Well, thank goodness you chose the law because you made good history in the course of everything. So, you know, so, yeah, so you studied in, uh uh in Cardiff and in Cambridge. So tell us your thoughts about your time over here? Sitpah: Oh, I, it, it still stands out as probably...

This International Women’s Day (IWD), London counsel Lucy Winnington-Ingram hosts women arbitration practitioners across Reed Smith’s global platform: Elizabeth Farrell (London), Rebeca Mosquera (New York), Juliya Arbisman (New York), Vanessa Thieffry (Paris) and Alison Eslick (Dubai) for a Q&A session exploring what this year’s IWD theme means to them. ----more---- Transcript: Intro: Hello and welcome to Arbitral Insights, a podcast series brought to you by our International Arbitration practice lawyers here at Reed Smith. I'm Peter Rosher, global head of Reed Smith's International Arbitration practice. I hope you enjoy the industry commentary, insights and anecdotes we share with you in the course of this series, wherever in the world you are. If you have any questions about any of the topics discussed, please do contact our speakers. Welcome to our Women in Arbitration podcast mini series, a platform for women's voices across the global international arbitration community. I'm Lucy Winnington-Ingram, an international arbitration lawyer based in Reed Smith's London office. In these episodes, we will hear from leading women in the international arbitration space and discuss industry news, trends, developments, and matters of interest. And with that, let's get started. Lucy: Hello, I'm Lucy Winnington-Ingram, council at Reed Smith with a practice that focuses on investor-state arbitration and public international law. This International Women's Day, I'm delighted to be joined by women arbitration practitioners across Reed Smith's global platform to discuss this year's International Women's Day theme, Inspire Inclusion. Inspire Inclusion, focuses on encouraging others to understand and value women's inclusion. And when women themselves are inspired to be included, there's a sense of belonging, relevance and empowerment. I'll be joined by Elizabeth Farrell, Rebeca Mosquera, Juliya Arbisman, Vanessa Theiffry and Alison Eslick to hear their views on diversity, equity and inclusion in the legal profession as it pertains to women, and who has been a mentor in their careers that embodies the Inspire Inclusion theme. And my first guest on today's podcast is Elizabeth Farrell. Elizabeth is a partner in our Energy and Natural Resources Group in London. And Elizabeth's practice focuses on international arbitration in the commodities and energy sector. Hello, Elizabeth, how are you today? Elizabeth: Hi, Lucy. I'm very well, indeed. It’s a pleasure to be speaking with you. Lucy: Well, thank you so much for joining us. So my question for you Elizabeth is what advice would you give to young women entering the legal profession? Elizabeth: Big question. I mean, firstly, it's a wonderful career. Just say that, I mean, it is full of endless variety and potential. So anybody considering a career in the law, I think you're on the right track. I'd also say I can only speak to this really from the perspective of somebody in an international law firm um in London specifically. And I'd say in many ways, that kind of environment is about as progressive as you can get in a modern workplace. Um full of incredibly supportive role models and leaders who want you to achieve your potential. But uh there's still you know, a significant gender disparity in senior roles. So I would say first piece of advice is stand on the shoulders of the women who have come before us and seize every opportunity that comes to you, try to see that opportunity as a privilege and know that undoubtedly, although we work incredibly hard, the harder you work, especially earlier on in the in your career, the more luck you you create for yourself, the more opportunities will come your way. And if you invest in it, your career will always be there for you, whatever else happens in your life. And so that, that hard graft in the early years, you know, really pays off. Lucy: Thanks Elizabeth. And I, I mean, I have to agree. I've been incredibly lucky in my career to have some...

This episode is recorded in Russian. In this Russian-language edition of our ISDS podcast series, Sultan Seidalin and Aitmaganbet Ospanbekov provide a comprehensive overview of the most significant developments in investment treaty arbitration during the latter part of 2023. This episode is a Russian-language translation of our previous episode “Investment treaty arbitration: 2023 in review” hosted by Suzie Savage and Patrick Beale. ----more---- Transcript: Intro: Hello and welcome to Arbitral Insights, a podcast series brought to you by our International Arbitration practice lawyers here at Reed Smith. I'm Peter Rosher, global head of Reed Smith's International Arbitration practice. I hope you enjoy the industry commentary, insights and anecdotes we share with you in the course of this series, wherever in the world you are. If you have any questions about any of the topics discussed, please do contact our speakers. And with that, let's get started. Aitmaganbet: Здравствуйте и добро пожаловать на наш первый выпуск серии подкастов на русском языке. Я напомню, что это по-русски урегулирование споров между инвестором и государством или сокращенно, как его называют «УСИГ». Меня зовут Айтмаганбет Оспанбеков, и я являюсь юристом в группе по международному арбитражу в офисе Рид Смит в городе Астана. Я рад, что ко мне присоединился мой коллега Султан Сейдалин, старший юрист по международному арбитражу, также работающий в астанинском офисе Рид Смит. Здравствуйте, Султан. Sultan: Здравствуй, Айтмаганбет. Очень приятно вести с тобой этот подкаст. Всегда интересно, конечно, проверить и подвести итоги того, что произошло за последние шесть месяцев, и что нас ждет в перспективе. Aitmaganbet: Да, определенно интересно, и нам есть о чем поговорить начнем с Договора к энергетической хартии. Ранее государства-члены ЕС выразили намерение выйти из ДЭХ. Европейская комиссия в своем прошлогоднем решении настаивала на скоординированном выходе ЕС, Евроатома и всех государств-членов из Договора к энергетической хартии. Намерение выйти из ДЭХ связано с обеспокоенностью общества о том, что ДЭХ представляет защиту инвестициям, осуществленным в сектора горючих полезных ископаемых. В результате чего ДЭХ находится в кризисе, а его будущее не определено. Что-то изменилось с тех пор Султан? Sultan: Да, Вы правы, Айтмаганбет одиннадцать стран уже уведомили о своем выходе или намерении сделать это. И седьмого июля Комиссия Европейского союза предложила скоординированный выход TC, его государств-членов и Евроатома из Договора к энергетической хартии. Более того, в сентябре Правительство Великобритании объявило, что пересмотрит членство Великобритании в договоре и рассмотрит возможность выхода из него, если соглашение по изменённым условиям не будет достигнуто к ноябрю две тысячи двадцать третьего года. Если государства Европейского союза осуществят скоординированный выход, это вдвое сократит число подписавших сторон и, следовательно, географический охват мер защиты, предусмотренный ДЭХ. Тем не менее, на заседании Конференции Энергетической хартии в ноябре прошлого года секретариат ДЭХ указал, что они желают возобновить свою политику консолидации и расширения привлечений, так называемое CONEXO, путем рассмотрения потенциального сотрудничества с ОПЕК. Это может указать намерение расширить членство в ДЭХ за счет государств ОПЭК. Aitmaganbet: это все представляет большой интерес, учитывая всю неопределенность относительного будущего ДЭХ. Существует ли альтернатива для инвесторов, которые считают, что маршрут защиты инвестиций через ДЭХ для них закрыт? Sultan: Да, конечно, инвесторам следует определить, имеется ли соответствующее двустороннее инвестиционное соглашение предполагающее защиту аналогичную ДЭХ. Если нет, они могут рассмотреть возможность реструктуризации своих инвестиций через оставшиеся государства, подписавшие Договор к энергетической хартии. Они также могут попытаться усилить договорную защиту посредством соглашения с правительством...

This episode is recorded in Spanish. Rebeca Mosquera and Isabella Lorduy welcome Elina Mereminskaya, head partner at Wagemann Arbitration and chair of the Institute for Transnational Arbitration (ITA) Americas Initiative, for a conversation exploring the strides and struggles of women in arbitration toward achieving equity. They then discuss the collaboration between the ITA and the Reed Smith Latin America Business Team in creating the 2023 ITA Latin American Arbitral Institutions Guide and Scoreboard, along with the insights gained. ----more---- Transcript: Intro: Hello and welcome to Arbitral Insights, a podcast series brought to you by our International Arbitration practice lawyers here at Reed Smith. I'm Peter Rosher, global head of Reed Smith's International Arbitration Practice. I hope you enjoy the industry commentary, insights and anecdotes we share with you in the course of this series, wherever in the world you are. If you have any questions about any of the topics discussed, please do contact our speakers. Welcome to our Women in Arbitration podcast mini series, a platform for women’s voices across the global international arbitration community. I am Lucy Winnington-Ingram, an international arbitration lawyer based in Reed Smith’s London office. In these episodes, we will hear from leading women in the international arbitration space and discuss industry news, trends, developments and matters of interest. And with that, let’s get started. Isabella: Welcome to Arbitral Insights. Mi nombre es Isabella Lorduy Asociada de Reed Smith en el Grupo de Energía y Recursos Naturales Es un gusto estar hoy en este espacio grabando nuestra primera serie Podcast en español. Hoy precisamente nuestro tema de conversación se enfocará en Latinoamérica específicamente en la guía del Institute for Transnational Arbitration, comúnmente conocido como el ITA sobre las instituciones de arbitraje en América Latina. Y hoy estaremos conversando sobre sus principales conclusiones frente a la diversidad de género. Para esto tenemos dos invitadas muy especiales. En primer lugar, tenemos a Rebeca Mosquera, quien es asociada senior en la oficina de Nueva York de Reed Smith con más de una década experiencia en arbitraje internacional, comercial y de inversión. El trabajo de Rebeca, la ha hecho merecedora de numerosos reconocimientos, incluyendo un lugar en la lista de Latinx de las cien mejores abogadas de América Latina en arbitraje y litigios por cuatro años consecutivos. Además, Rebeca es miembro de la junta directiva de Arbitral Women y representante de ICC YAF para Norteamérica, entre otras instituciones. Por otro lado, tenemos a Elina Mereminskaya. Elina, Disculpe por la pronunciación del apellido de antemano. Elina es socia de Wagemann Arbitration, presidente de la ITA para las Américas, Doctora en Derecho de la Universidad de Göttingen en Alemania y Magisterio en Derecho de la misma universidad. Ha concentrado su ejercicio profesional asesorando a grandes empresas nacionales, latinoamericanas y europeas en varios proyectos. Además, pertenece a la lista de árbitros en diversos centros arbitrales, incluyendo la Cámara de Comercio de Chile, el ICDR y entre otras instituciones. Elina también es Fellow del Chartered Institute of Arbitrators. Sin más preámbulo, quiero empezar explicándole un poco a la audiencia que es el ITA o ITA, el cual ya he mencionado varias veces. Este es un foro educativo para el intercambio de ideas y el desarrollo de las mejores prácticas entre abogados, árbitros y profesionales involucrados en el arbitraje internacional, comercial y de inversiones. La guía que hoy estaremos discutiendo se basa en una rigurosa encuesta que no sólo rastreó el crecimiento de las instituciones arbitrales en América Latina, sino que también identificó factores claves que son actualmente temas candentes en el arbitraje internacional. Estos incluyen el aumento de la designación de mujeres árbitros tanto en los tribunales como en las...

In this “Spotlight on…” episode, host Gautam Bhattacharyya welcomes arbitrator and SVAMC AI Task Force chair Benjamin Malek (FCIARB) to discuss what led him to a career in international arbitration. The pair discuss the challenges and opportunities presented by new technologies like AI, and how to maintain and improve the effectiveness of arbitration in an ever-changing legal landscape.----more---- Transcript: Intro: Hello and welcome to Arbitral Insights, a podcast series brought to you by our International Arbitration practice lawyers here at Reed Smith. I'm Peter Rosher, global head of Reed Smith's International Arbitration Practice. I hope you enjoy the industry commentary, insights and anecdotes we share with you in the course of this series, wherever in the world you are. If you have any questions about any of the topics discussed, please do contact our speakers. With that, let's get started. Gautam: Hello everyone and welcome back to our Arbitral Insights podcast series, and thank you for joining us. I am delighted to have with us as our guest today, Ben Malek. Uh Hello, Ben. Ben: Hi Gautam, thank you for having me. Gautam: It's great to have you with us. Now, I'm gonna introduce Ben, but I'm gonna preface this by saying I love to see new arbitrator talent emerge and I'm unashamed about that. I love to see it. And Ben epitomizes this new number of arbitrators that I just love to see. Ben has got a very interesting background. Uh he's based in New York, but he – I'm gonna share some interesting stuff about him with you all. He's obviously a practitioner of arbitration. He's also an arbitrator and he has great experience of being in private practice and also working for institutions who deal with arbitration. And we'll come to that in the course of our discussion. He also speaks an incredible number of languages, which would, which certainly is something worth noting. So, so obviously, not only apart from English, but he also speaks fluent German, Romanian, Spanish and French, and he can also turn his hand very ably to Italian, Hebrew, Mandarin and Korean. And I'm just in awe of that, Ben. But so obviously, you can see we're talking uh to, to someone who's truly international. We'll talk a little bit about what you do Ben in the course of this podcast but for our listeners, Ben is with T.H.E Chambers in New York. And as I said, prior to his current role, he has worked in private practice at some major law firms and also with arbitral institutions. So, on that note, a huge welcome again to you, Ben and I'm much looking forward to our discussion. So let me ask you the first thing a little bit about your background because you, you do have a very interesting background just based purely on your geographic origins, your languages and how the world has just seen so much of you. But could you just tell us a little bit about your background and how you found the law and arbitration or conversely how law and arbitration found you. Ben: Thank you so much Gautam for inviting me such an honor to be on your podcast. I always look forward to the new episodes you have so it's uh it's truly a pleasure. Thank you. So I grew up in Germany. I was born and raised in Germany to Romanian parents and my maternal grandparents wanted to talk German to us because that's what first generation immigrants do. However, they spoke a very broken German because they're German just wasn't that good. So my mother had the idea of them talking to me in Romanian, which was their maternal language. And this way, I would have two languages once I hit kindergarten, which is exactly what happened. I talked Romanian at home until I started kindergarten, which is where I learned German. So that was the beginning of my duality, I guess. Later on my parents decided that an international school would be best for my brother and I, I have a twin brother by the way. So we went to an international school where languages was really emphasized. I was taught...

In the latest episode of our Greener Arbitrations podcast series, Alison Eslick and Vanessa Thieffry moderate a spirited debate between Michelle Nelson (Dubai) and Clément Fouchard (Paris) as they explore the pros and cons of electronic signatures and notification of awards, including discussion on recognition and enforcement, cost savings, technology challenges, convenience, security risks and resistance to change. ----more---- Transcript: Intro: Hello and welcome to Arbitral Insights, a podcast series brought to you by our International Arbitration practice lawyers here at Reed Smith. I'm Peter Rosher, global head of Reed Smith's International Arbitration Practice. I hope you enjoy the industry commentary, insights and anecdotes we share with you in the course of this series, wherever in the world you are. If you have any questions about any of the topics discussed, please do contact our speakers. Welcome to our Greener Arbitrations podcast miniseries where Reed Smith's International Arbitration lawyers will be exploring the legal and technical issues involved in reducing the environmental footprint of arbitrations. I'm Alison Eslick, an International Arbitration lawyer at Reed Smith's Dubai office and I am Vanessa Thieffry, an International Arbitration lawyer at Reed Smith's Paris office. In these episodes, we will hear from leading arbitration practitioners and external speakers and discuss insights, news and trends relevant to greening arbitration and the challenges that are entailed. We hope you enjoy this episode. Vanessa: Welcome back to another exciting episode of Reed Smith's Arbitral Insights. I am Vanessa Thieffry and together with Alison Eslick, we are delighted to host the sixth and final episode of our Greener Arbitrations miniseries in which lawyers of Reed Smith debate, how to reduce the environmental footprint of arbitrations. In 2022 Reed Smith launched an initiative to reduce the environmental footprint of our arbitrations. We quickly identified the need to raise awareness both internally and externally and organizing a podcast miniseries on greener arbitrations appeared as an obvious tool to do that. In the five first episodes, we addressed arbitration agreements and whether they should include sustainability measures, the campaign for greener arbitrations model procedural order and whether it was unavoidable. The topic of hard copied submissions in which we wondered if they were a thing of the past witness and expert preparation and whether video conferencing can match in person meetings and in person hearings and whether they are still worthwhile. If you haven't listened to them yet, they are available on Reed Smith's podcast channel, Arbitral Insights. Alison: Thank you, Vanessa. Now, in this episode, we focus on the entire points of going to arbitration and that is of course obtaining an enforceable award. So recently we see more and more institutions notifying awards by email and arbitrators signing awards electronically. Now this may well be greener, but when it comes to something as important as the final award, is green always better? So that is the question that our debaters will tackle today. I do have a short disclaimer as we always do with these debates, our debaters have been assigned the positions that they are advocating and this is so they can fully advocate for or against the proposition. The debate is of course role playing and none of the views expressed during the debates should be attributed to Reed Smith, the debaters themselves or of course any of our clients. So joining us today for this challenging topic, uh Reed Smith partners Michelle Nelson and Clément Fouchard who will present their primary positions and then each will have a chance for rebuttal. Vanessa: Thanks Alison. Let's see what our first speaker has to say. Clément Fouchard is up. Clément is a partner in Reed Smith's Paris office in the Energy and Natural Resources Group, focusing on international commercial and...

James Willn, Ana Ulseth, Chris Edwards and Mathilde Adant debate the environmental impact of in-person vs. remote hearings. Hosts Alison Eslick and Vanessa Thieffry moderate the session in which debaters discuss technological issues, security challenges and the financial and psychological impacts of remote hearings. ----more---- Transcript: Intro: Hello and welcome to Arbitral Insights, a podcast series brought to you by our International Arbitration practice lawyers here at Reed Smith. I'm Peter Rosher, global head of Reed Smith's International Arbitration practice. I hope you enjoy the industry commentary, insights and anecdotes we share with you in the course of this series, wherever in the world you are. If you have any questions about any of the topics discussed, please do contact our speakers. Welcome to our Greener Arbitrations podcast miniseries platform where Reed Smith's international arbitration lawyers will be exploring the legal and technical issues involved in reducing the environmental footprint of arbitrations. I am Alison Eslick, an international arbitration lawyer at Reed Smith's Dubai office. And I am Vanessa Thieffry, an international arbitration lawyer at Reed Smith's Paris office. In these episodes, we will hear from leading arbitration practitioners and external speakers and discuss insights, news and trends relevant to greening arbitration and the challenges that are entailed. We hope you enjoy this episode. Alison: Welcome back to another episode of Reed Smith's Arbitral Insights. I'm Alison Eslick and together with my colleague, Vanessa Thieffry. We are delighted to host the fifth episode of our Greener Arbitrations mini series where lawyers of Reed Smith debate how to reduce the environmental footprint of arbitrations. In 2022, Reed Smith launched an initiative to reduce the environmental footprint of our arbitrations. And we quickly identified the need to raise awareness both internally and externally and organizing a podcast mini series like this on Greener arbitrations appeared a really obvious tool to do that. In the first four episodes, we address these topics: arbitration agreements and whether they should include sustainability measures, the campaign for Greener Arbitration's Model Green Procedural Order and whether it was unavoidable, the topic of hard copy submissions and whether they were a thing of the past, and witness and expert preparation and whether video conferencing can really truly match in person meetings. So if you haven't listened to the podcast yet, please do tune in. They're all available on Reed Smith's podcast channel, Arbitral Insights. Vanessa: Thank you, Alison. So in this episode, we focus on the hard part hearings and more particularly whether in person hearings are worth their while. As compared to virtual hearings with the COVID-19 pandemic, we kept on arbitrating and the arbitration community got into the habit of virtual hearings. Although at first voices of concern and caution were raised in the aftermath of the pandemic. Virtual hearings remained and in-person hearings often have a drastic environmental impact. A case study recently revealed that for a given arbitration, the in-person hearing gave rise to 19 times the carbon footprint of a virtual hearing. Mostly because of the flights of the arbitrators, experts, counsel and witnesses, et cetera, all these people involved with the hearing to get to the hearing venue. So a few, few years back, let's take stock. Are in-person hearings still worth their while? Short disclaimer, please note that for the purposes of these podcasts, our debaters have been assigned the positions that they are advocating. This is because we felt that topics would be better explored if one team fully advocated their position for or against the proposition. The debaters are thus role playing and none of the views expressed during the debates should be attributed to any of the individuals participating in the debates or Reed Smith...

Host Gautam Bhattacharyya welcomes newly appointed secretary general of the Stockholm Chamber of Commerce (SCC) Arbitration Institute, Caroline Falconer, to explore her career path to date and her role in shaping the future of arbitration at the SCC. Caroline, also a co-founder of the Swedish Women in Arbitration Network (SWAN) and president of the Swedish Corporate Lawyers’ Association, shares her views on the importance of diversity in arbitration, the future of AI in arbitration, and her vision of the role of the SCC in the international arena.

Gautam Bhattacharyya welcomes Tariq Khan, registrar of the International Arbitration and Mediation Centre (IAMC), Hyderabad and adjunct professor at the NALSAR University of Law, to discuss his career path, views on international arbitration in India, and what he thinks is on the horizon for arbitration in India and beyond.

In the fifth edition of our regular ISDS podcast series, hosts Suzie Savage and Patrick Beale once again break down the key investment treaty arbitration developments that took place in the latter part of 2023. They discuss the Energy Charter Treaty, award enforcement case updates, the ISDS elements included in the Law Commission’s review of the English Arbitration Act 1996, Indo-Pacific updates (notably the UK signing the CPTPP), s.1782 news, before closing with commentary on UNCITRAL Working Group III’s proposed ISDS reforms.

In the second of a miniseries exploring the proposed reforms to the law governing arbitration in England and Wales, the Arbitration Act 1996, Hong Kong-based Matthew Townsend and Jonathan Tsang explore the proposed new default rule that the arbitration agreement is governed by the law of the seat (unless the parties expressly agree otherwise) with Paris-based Mathilde Adant and host Liam Hart.

Executive Director of the New York International Arbitration Center (NYIAC) Rekha Rangachari joins Reed Smith host Gautam Bhattacharyya for this Spotlight on… session. They discuss the path that led Rekha to NYIAC, international arbitration in New York and further afield, the goals and focus of NYIAC, and her views on improving diversity in the law.

Gautam Bhattacharyya welcomes Dubai-based, New York-qualified attorney, independent arbitrator, and founder of Equanimity Arbitration Sadaff Habib for this instalment of our “Spotlight on…” miniseries. Sadaff shares what drew her to a career in law, the role of mindfulness and cultural empathy in international arbitration, and her views on greater ethnic and gender diversity.

In the first of a miniseries exploring the proposed reforms to the law governing arbitration in England and Wales, the Arbitration Act 1996, Dubai-based Antonia Birt and London-based Liam Hart explore the proposal to give arbitrators the power to dispose of claims on a summary basis (that is, without waiting for a full trial) with host, Bartek Rutkowski.

Time for another Greener Arbitrations episode. This instalment welcomes Aurélie Lopez, Antoine Smiley, Sujey Herrera, and Peter Rosher for a mock debate on the merits of witness and expert preparation via video-conferencing vs. in-person meetings. Hosts Alison Eslick and Vanessa Thieffry moderate this hard-fought debate. Which side will you vote for?