Arbitration from Dentons Podcast Series

Epizodes

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  Avoiding defective clauses in International Arbitration 21.10.2025 15min

  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.
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  Investor-State Treaties and Arbitration in India, exploring current trends and future perspectives 11.11.2024 20min

  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.
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  Zambia's Mining Landscape: Updates, Discussions and Insights 15.03.2024 11min

  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.
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  Unraveling the intricacies of deep seabed mining 22.02.2024 11min

  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.
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  Exploring Arbitration for Miners and Mining Disputes 22.02.2024 18min

  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.
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  Navigating International Arbitration in the Kingdom of Saudi Arabia 30.01.2024 17min

   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.
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  International Arbitration developments in the United Arab Emirates 21.12.2023 13min

  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.
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  International Arbitration and Argentina's Mining Industry 10.11.2023 14min

  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.
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  Recent developments with the Energy Charter Treaty 06.10.2023 12min

  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.
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  Climate change and international arbitration 24.11.2021 13min

  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.
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  Emerging trends in international arbitration 28.09.2021 12min

  We kick off Season 2 of Arbitration from Dentons welcoming our new co-host James Langley from Dentons’ London office. In our first episode, our hosts Rachel Howie and James Langley set the stage for our coming season. They review the top issues impacting trends and developments in international arbitration including ESG, M&A disputes, mining and arbitration and diversity and inclusion.
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  Reflections on investor-state disputes 02.03.2021 14min

  In this episode, your host Rachel Howie interviews Bart Legum, head of Dentons’ investment treaty arbitration practice, on considerations for investors and states in investor-state arbitration.  
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  Disputing and defending arbitral jurisdiction 01.12.2020 17min

  Join our hosts Rachel Howie and Amy Kläsener as they interview Lawrence Teh, senior partner, Dentons Rodyk, on challenging arbitral jurisdictions. During this episode, we tackle the issues that arise when parties are challenging or defending jurisdictions, addressing how one can look at pursuing or defending challenges as they arise.  
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  International arbitration in the renewable energy industry 22.10.2020 14min

  International arbitration (IA) continues to be a popular dispute resolution mechanism in the renewables energy industry. During this episode, Rachel Howie and Amy Kläsener interview Dentons Madrid partner Risteard de Paor on current trends and recent developments in arbitration and what lies ahead as we move into this new dynamic.
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  Virtual Hearings - is this our new dynamic? 08.10.2020 16min

  Join us for this session as our host Rachel Howie interviews partners Mike Schafler and Alastair Young on developments in virtual hearings. International arbitrations have continued through video-conference over the last several months. Our guests will share their experiences and their lessons learned for in-house counsel as companies continue to shift in this new dynamic.
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  International arbitration in the oil and gas sector 15.09.2020 9min

  International arbitration (IA) in the oil and gas industry has become a popular dispute resolution mechanism. During this episode, Amy Kläsener interviews our partners Liz Tout and James Langley on the trends and recent developments in this field and what lies ahead as we move into this new dynamic.
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  Existing disputes: impacts from COVID and what do you do? 28.07.2020 6min

  In our previous episode, we looked at how some of the most urgent issues are being handled and petitions for interim relief, whether before emergency arbitrators or the courts.When COVID-19 hit, parties were faced with government-imposed health and safety measures, travel bans and expert recommendations. Now as we move forward in the New Dynamic, these measures continue to evolve and it appears that we will face restrictions potentially for years to come. In this episode, we take a look at how existing disputes are being impacted by the COVID-19 pandemic and how hearings are moving ahead (and in some instances, have come to a standstill). Join our hosts Amy Kläsener and Rachel Howie to hear more.
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  Emergency arbitrator proceedings and interim relief in the New Dynamic 17.07.2020 14min

  In this episode your host Amy Kläsener interviews senior partner, Kirindeep Singh of Dentons’ Singapore office. In the last episode, we looked at the approaches institutions are taking to tailor their procedures in response to the global pandemic. In this episode, we look at how the most urgent issues are being handled and petitions for interim relief, whether before emergency arbitrators or the courts
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  Overcoming the challenges 30.06.2020 15min

  In our second session, Amy Kläsener and Rachel Howie interview Dentons Hong Kong partner Robert Rhoda on the challenges the arbitral institutions are facing in these unique times. During this session, we will cover how arbitral institutions have shifted their responses to accommodate restrictions imposed in connection with the COVID-19 pandemic, social distancing, remote work and virtual hearings.
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  Finding a resolution in a new normal 12.06.2020 9min

  In our first session, Amy Kläsener and Rachel Howiewill cover drafting tips, as well as changes to international arbitration practice and remote video proceedings. During the session they will discuss: - Major disruption across business, including in the area of dispute resolution - The age old question - litigation or arbitration?