Avoiding defective clauses in International Arbitration

In this episode, Rachel Howie and James Langley are joined by Dr. Peter Bekker of Dentons’ New York office to discuss avoiding defective arbitration clauses in international contracts. They examine the essential elements of effective arbitration clauses, including exclusivity, scope of disputes, and applicable arbitration rules, as well as highly recommended provisions such as the seat, language, and governing law. The discussion also covers facultative elements like multi-tier clauses, confidentiality, and document production. Peter shares insights on sole-option or asymmetrical clauses, and potential drafting pitfalls, offering practical guidance for drafting enforceable and effective arbitration agreements.

In this episode, Rachel Howie and James Langley, are joined by Shravan Yammanur and Kshama Loya to discuss investor-state treaties and arbitration in India, focusing on bilateral investment treaties (BITs) and their impact on foreign and Indian investors. They explore the Indian government's recent BIT terminations, new free trade agreements, and structuring steps investors have taken, along with remedies that foreign investors can pursue outside of these treaties and agreements.

In this episode, Rachel Howie and James Langley, joined by Joseph Jalasi explore Zambia's mining sector. They discuss regional agreements, governmental decisions, and their impact on critical minerals extraction. The episode also touches on the dynamic development of numerous projects, resulting in recent arbitrations. Additionally, it explores into international arbitrations, focusing on contract-based commercial arbitrations and notable investment Treaty claims in the mining sector against various African governments. The podcast further examines the current regulatory landscape, including changes and the role of the new mining Commission, along with insights into evolving perspectives on environmental, social, and governance considerations within the mining industry.

In this episode, Rachel Howie and James Langley, joined by Dr. Diora Ziyaeva from Dentons US explore the intricate world of deep seabed mining. This episode highlights the historical backdrop and current challenges of this emerging sector, including the significant impact of the International Seabed Authority's (ISA) failure to finalize a crucial mining code. Dr. Ziyaeva provides insights into the implications for arbitration experts within the evolving regulatory framework of seabed mining. Discover how arbitration is set to become a pivotal mechanism for resolving disputes in this uncharted territory, navigating the complexities of exploration, investment, and environmental considerations in the deep sea's untapped resources.

In this episode, Rachel Howie and James Langley discuss the benefits of arbitration for miners and mining disputes with Mike Schafler from Dentons Canada. They touch on procedural advantages, cost benefits, and industries well-suited for arbitration. They explore the procedural benefits, shedding light on how arbitration can offer a streamlined and efficient resolution process for complex mining-related conflicts. Cost advantages, providing a comprehensive understanding of how opting for arbitration can be a financially prudent choice in comparison to traditional litigation. Additionally, they identify the industries that are particularly well-suited for arbitration, providing a perspective on when and where this alternative dispute resolution mechanism can yield optimal results.

 In this episode, Rachel Howie and James Langley engage in a conversation with Paul Prescott and Dean Ryburn, Partners in the Middle East Construction and Dispute Resolution practice with a focus on advising clients and investors in conducting business in the Kingdom of Saudi Arabia (KSA). They explore the latest updates and emerging trends in international arbitration within the Kingdom. The discussion delves into the challenges and opportunities in the construction sector, significant reforms making the KSA more attractive for investors, and the typical resolution processes for construction and engineering disputes in the region. Additionally, they discuss what lies ahead for the KSA.

In this episode, Rachel Howie and James Langley engage in a discussion with Faris Shehabi, a senior associate at Dentons Dubai, exploring the latest and most significant arbitration advancements unfolding in the UAE. They navigate through various jurisdictions in the region, discussing the UAE's approach to arbitration and alternative dispute resolution (ADR). Faris sheds light on the recent changes and noteworthy developments in the arbitration landscape of the region, examining their broader implications and the evolving nature of arbitration practices.

In this episode, Rachel Howie and James Langley speak with Michael Rattagan, a partner at Dentons in Buenos Aires, about the intricate landscape of mining regulations in Argentina and the comprehensive strategies and techniques essential for safeguarding investments in this dynamic industry, ensuring a thorough understanding of legal frameworks, compliance requirements, and risk mitigation approaches.

In this episode, Rachel Howie and James Langley engage in a discussion with Catherine Gilfedder, a Partner at Dentons London, regarding the legal developments concerning the Energy Charter Treaty. We explore the Energy Charter Treaty (ECT) and its connection to the world of international arbitration. Additionally, we analyze the current prominence of the ECT in the headlines and examine the reasons states are withdrawing from the treaty. We also provide necessary steps investors should take to safeguard their investments and offer insights into the unfolding developments in this area.

In this episode, Rachel Howie and James Langley speak with Risteard de Paor, a Partner at Dentons Madrid, who joins the discussion on climate change and international arbitration. Hear how international arbitration can be the most efficient way to resolve climate change related disputes and what climate change goals mean for international commercial and investment arbitration.