Podcasts about arbitrators

Arbitrators and counsel can use artificial intelligence to improve service quality and lessen work burden, but they also must deal with the ethical and professional implications. In this episode, Rebeca Mosquera, a Reed Smith associate and president of ArbitralWomen, interviews Benjamin Malek, a partner at T.H.E. Chambers and former chair of the Silicon Valley Arbitration and Mediation Center AI Task Force. They reveal insights and experiences on the current and future applications of AI in arbitration, the potential risks of bias and transparency, and the best practices and guidelines for the responsible integration of AI into dispute resolution. The duo discusses how AI is reshaping arbitration and what it means for arbitrators, counsel and parties. ----more---- Transcript: Intro: Hello, and welcome to Tech Law Talks, a podcast brought to you by Reed Smith's Emerging Technologies Group. In each episode of this podcast, we will discuss cutting-edge issues on technology, data, and the law. We will provide practical observations on a wide variety of technology and data topics to give you quick and actionable tips to address the issues you are dealing with every day.  Rebeca: Welcome to Tech Law Talks and our series on AI. My name is Rebeca Mosquera. I am an attorney with Reed Smith in New York focusing on international arbitration. Today we focus on AI in arbitration. How artificial intelligence is reshaping dispute resolution and the legal profession. Joining me is Benjamin Malek, a partner at THE Chambers and chair of the Silicon Valley Arbitration and Mediation Center AI Task Force. Ben has extensive experience in commercial and investor state arbitration and is at the forefront of AI governance in arbitration. He has worked at leading institutions and law firms, advising on the responsible integration of AI into dispute resolution. He's also founder and CEO of LexArb, an AI-driven case management software. Ben, welcome to Tech Law Talks.  Benjamin: Thank you, Rebeca, for having me.  Rebeca: Well, let's dive in into our questions today. So artificial intelligence is often misunderstood, or put it in other words, there is a lot of misconceptions surrounding AI. How would you define AI in arbitration? And why is it important to look beyond just generative AI?  Benjamin: Yes, thank you so much for having me. AI in arbitration has existed for many years now, But it hasn't been until the rise of generative AI that big question marks have started to arise. And that is mainly because generative AI creates or generates AI output, whereas up until now, it was a relatively mild output. I'll give you one example. Looking for an email in your inbox, that requires a certain amount of AI. Your spellcheck in Word has AI, and it has been used for many years without raising any eyebrows. It hasn't been until ChatGPT has really given an AI tool to the masses that question started arising. What can it do? Will attorneys still be held accountable? Will AI start drafting for them? What will happen? And it's that fear that started generating all this talk about AI. Now, to your question on looking beyond generative AI, I think that is a very important point. In my function as the chair of the SAMC AI Task Force, while we were drafting the guidelines on the use of AI, one of the proposals was to call it use of generative AI in arbitration. And I'm very happy that we stood firm and said no, because there's many forms of AI that will arise over the years. Now we're talking about predictive AI, but there are many AI forms such as predictive AI, NLP, automations, and more. And we use it not only in generating text per se, but we're using it in legal research, in case prediction to a certain extent. Whoever has used LexisNexis, they're using a new tool now where AI is leveraged to predict certain outcomes, document automation, procedural management, and more. So understanding AI as a whole is crucial for responsible adoption.  Rebeca: That's interesting. So you're saying, obviously, that AI and arbitration is more than just chat GPT, right? I think that the reason why people think that and relies on maybe, as we'll see in some of the questions I have for you, that people may rely on chat GPT because it sounds normal. It sounds like another person texting you, providing you with a lot of information. And sometimes we just, you know, people, I can understand or I can see why people might believe that that's the correct outcome. And you've given examples of how AI is already being used and that people might not realize it. So all of that is very interesting. Now, tell me, as chair of the SVAMC AI Task Force, you've led significant initiatives in AI governance, right? What motivated the creation of the SVAMC AI guidelines? And what are their key objectives? And before you dive into that, though, I want to take a moment to congratulate you and the rest of the task force on being nominated once again for the GAR Awards, which will be unveiled during Paris Arbitration Week in April of this year. That's an incredible achievement. And I really hope you'll take pride in the impact of your work and the well-deserved recognition it continues to receive. So good luck to you and the rest of the team.  Benjamin: Thank you, Rebeca. Thank you so much. It really means a lot, and it also reinforces the importance of our work, seeing that we're nominated not only once last year for the GAR Award, but second year in a row. I will be blunt, I haven't kept track of many nominations, but I think it may be one of the first years where one initiative gets nominated twice, one year after the other. So that in itself for us is worth priding ourselves with. And it may potentially even be more than an award itself. It really, it's a testament to the work we have provided. So what led to the creation of the SVAMC AI guidelines? It's a very straightforward and to a certain extent, a little boring answer as of now, because we've heard it so many times. But the crux was Mata versus Avianca. I'm not going to dive into the case. I think most of us have heard it. Who hasn't? There's many sources to find out about it. The idea being that in a court case, an attorney used Chad GPT, used the outcome without verifying it, and it caused a lot of backlash, not only from opposing party, but also being chastised by the judge. Now when I saw that case, and I saw the outcome, and I saw that there were several tangential cases throughout the U.S. And worldwide, I realized that it was only a question of time until something like this could potentially happen in arbitration. So I got on a call with my dear friend Gary Benton at the SVAMC, and I told him that I really think that this is the moment for the Silicon Valley Arbitration Mediation Center, an institution that is heavily invested in tech to shine. So I took it upon myself to say, give me 12 months and I'll come up with guidelines. So up until now at the SVAMC, there are a lot of think tank-like groups discussing many interesting subjects. But the SVAMC scope, especially AI related, was to have something that produces something tangible. So the guidelines to me were intuitive. It was, I will be honest, I don't think I was the only one. I might have just been the first mover, but there we were. We created the idea. It was vetted by the board. And we came up first with the task force, then with the guidelines. And there's a lot more to come. And I'll leave it there.  Rebeca: Well, that's very interesting. And I just wanted to mention or just kind of draw from, you mentioned the Mata case. And you explained a bit about what happened in that case. And I think that was, what, 2023? Is that right? 2022, 2023, right? And so, but just recently we had another one, right? In the federal courts of Wyoming. And I think about two days ago, the order came out from the judge and the attorneys involved were fined about $15,000 because of hallucinations on the case law that they cited to the court. So, you know I see that happening anyway. And this is a major law firm that we're talking about here in the U.S. So it's interesting how we still don't learn, I guess. That would be my take on that.  Benjamin: I mean, I will say this. Learning is a relative term because learning, you need to also fail. You need to make mistakes to learn. I guess the crux and the difference is that up until now, at any law firm or anyone working in law would never entrust a first-year associate, a summer associate, a paralegal to draft arguments or to draft certain parts of a pleading by themselves without supervision. However, now, given that AI sounds sophisticated, because it has unlimited access to words and dictionaries, people assume that it is right. And that is where the problem starts. So I am obviously, personally, I am no one to judge a case, no one to say what to do. And in my capacity of the chair of the SVAMC AI task force, we also take a backseat saying these are soft law guidelines. However, submitting documents with information that has not been verified has, in my opinion, very little to do with AI. It has something to do with ethical duty and candor. And that is something that, in my opinion, if a court wants to fine attorneys, they're more welcome to do so. But that is something that should definitely be referred to the Bar Association to take measures. But again, these are my two cents as a citizen.  Rebeca: No, very good. Very good. So, you know, drawing from that point as well, and because of the cautionary tales we hear about surrounding these cases and many others that we've heard, many see AI as a double-edged sword, right? On the one hand, offering efficiency gains while raising concerns about bias and procedural fairness. What do you see as the biggest risk and benefits of AI in arbitration?  Benjamin: So it's an interesting question. To a certain extent, we tried to address many of the risks in the AI guidelines. Whoever hasn't looked at the guidelines yet, I highly suggest you take a look at them they're available on svamc.org I'm sure that they're widely available on other databases Jus Mundi has it as well. I invite everyone to take a look at it. There are several challenges. We don't believe that those challenges would justify not using it. To name a few, we have bias. We have lack of transparency. We also have the issue of over-reliance, which is the one we were talking about just a minute ago, where it seems so sophisticated that we as human beings, having worked in the field, cannot conceive how such an eloquent answer is anything but true. So there's a black box problem and so many others, but quite frankly, there are so many benefits that come with it. AI is an unlimited knowledge tool that we can use. As of now, AI is what we know it is. It has hallucinations. It does have some bias. There is this black box problem. Where does it come from? Why? What's the source? But quite frankly, if we are able to triage the issues and to really look at what are the advantages and what is it we want to get out of it, and I'll give you a brief example. Let's say you're drafting an RFA. If you know the case, you know the parties, and you know every aspect of the case, AI can draft everything head to toe. You will always be able to tell what is from the case and what's not from the case. If we over-rely on AI and we allow it to draft without verifying all the facts, without making sure we know the transcript inside and out, without knowing the facts of the case, then we will always run into certain issues. Another issue we run into a lot with predictive AI is relying on data that exists. So compared to generative AI, predictive AI is taking data that already exists and predicting another outcome. So there's a lesser likelihood of hallucinations. The issue with that is, of course, bias. Just a brief example, you're the president of Arbitral Women, so you will definitely understand. It has only been in the last 30 years that women had more of a presence in arbitration, specifically sitting as an arbitrator. So if we rely on data that goes beyond those 30, 40, 50 years, there's going to be a lot of male decisions having been taken. Potentially even laws that applied back then that were not very gender neutral. So we need, we as people, need to triage and understand where is the good information, where is information that may have bias and counterbalance it. As of now, we will need to counterbalance it manually. However, as I always say, we've only seen a grain of salt of what AI can do. So as time progresses, the challenges, as you mentioned, will become lesser and lesser and lesser. And the knowledge that AI has will become wider and wider. As of now, especially in arbitration, we are really taking advantage of the fact that there is still scarcity of knowledge. But it is really just a question of time until AI picks up. So we need to get a better understanding of what is it we can do to leverage AI to make ourselves indispensable.  Rebeca: No, that's very interesting, Ben. And as you mentioned, yes, as president of ArbitralWomen, the word bias is something I pay close attention. You know, we're talking about bias. You mentioned bias. And we all have conscious or unconscious biases, right? And so you mentioned that about laws that were passed in the past where potentially there was not a lot of input from women or other members of our society. Do you think AI can be trained then to be truly neutral or will bias always be a challenge?  Benjamin: I wish I had the right answer. I think, I actually truly believe that bias is a very relative term. And in certain societies, bias has a very firm and black and white standing, whereas in other societies, it does not. Especially in international arbitration, where we not only deal with cross-border disputes, but different cultures, different laws, laws of the seats, laws of the contract. I think it's very hard to point out one set of bias that we will combat or that we will set as principle for everything. I think ultimately what ensures that there is always human oversight in the use of AI, especially in arbitration, are exactly these type of issues. So we can, of course, try to combat bias and gender bias and others. But I don't think it is as easy as we say, because even nowadays, in normal proceedings, we are still dealing with bias on a human level. So I think we cannot ask from machines to be less biased than we as humans are.  Rebeca: Let me pivot here a bit. And, you know, earlier, we mentioned the GAR Awards. And now I'd like to shift our focus to the recent GAR Life on Technology that took place here in New York last week on February 20th. And to give our audience, you know, some context. GAR stands for Global Arbitration Review, a widely read journal that not only ranks international arbitration practices at law firms worldwide, but also, among other things, organizes live conferences on cutting-edge topics in arbitration across the globe. So I know you were a speaker at GAR Live, and there was an important discussion about distinguishing generative AI, predictive AI, and other AI applications. How do these different AI technologies impact arbitration, and how do the SVAMC guidelines address them?  Benjamin: I was truly honored to speak at the GAR Live event in New York, and I think the fact that I was invited to speak on AI as a testament on how important AI is and how widely interested the community is in the use of AI, which is very different to 2023 when we were drafting the guidelines on the use of AI. I think it is important to understand that ultimately, everything in arbitration, specifically in arbitration, needs human oversight. But in using AI in arbitration, I think we need to differentiate on how the use of AI is different in arbitration versus other parts of the law, and specifically how it is different in arbitration compared to how we would use it on a day-to-day basis. In arbitration specifically, arbitrators are still responsible for a personal or arbitrators are given a personal mandate that is very different to how law works in general. Where you have a lot of judges that let their assistants draft parts of the decision, parts of the order. Arbitration is a little different, and that for a reason. Specifically in international arbitration, because there are certain sensitivities when it comes to local law, when it comes to an international standard and local standards. Arbitrators are held to a higher standard. Using AI as an arbitrator, for example, which could technically be put at the same level as using a tribunal secretary, has its limits. So I think that AI can be used in many aspects, from drafting for attorneys, for counsel, when it comes to helping prepare graphs, when it comes to preparing documents, accumulating documents, etc., etc. But it does have its limits when it comes to arbitrators using it. As we have tried to reiterate in the guidelines, arbitrators need to be very conscious of where their personal mandate starts and ends. In other words, our recommendation, again, we are soft law guidelines, our recommendation to arbitrators are to not use AI when it comes to any decision-making process. What does that mean? We don't know. And neither does the law. And every jurisdiction has their own definition of what that means. It is up for the arbitrator to define what a decision-making process is and to decide of whether the use of AI in that process is adequate.  Rebeca: Thank you so much, Ben. I want to now kind of pivot, since we've been talking a little bit more about the guidelines, I want to ask you a few questions about them. So they were created with a global perspective, right? And so what initiatives is the AI task force pursuing to ensure the guidelines remain relevant worldwide? You've been talking about different legal systems and local laws and how practitioners or certain regulations within certain jurisdictions might treat certain things differently. So what is the AI task force doing to remain relevant, to maybe create some sort of uniformity? So what can you tell me about that?  Benjamin: So we at the SVAMC task force, we continue to gather feedback, of course, And we're looking for global adaptation. We will continue to work closely with practitioners, with institutions, with lawmakers, with government, to ensure that when it comes to arbitration, AI is given a space, it's used adequately, and if possible, of course, and preferential to us, the SVAMC AI guidelines are used. That's why they were drafted, to be used. When we presented the guidelines to different committees and to different law sections and bar associations, it struck us that jurisdictions such as the U.S., and more specifically in New York, where both you and I are based, the community was not very open to receiving these guidelines as guidelines. And the suggestion was actually made to creating a white paper, And as much as it seemed to be a shutdown at an early stage, when we were thinking about it, and I was very blessed to have seven additional members in the Guidelines Drafting Committee, seven very bright individual members that I learned a lot from during this process. It was clear to us that jurisdictions such as New York have a very high ethical standard, and where guidelines such as our guidelines would potentially be seen as doubling ethical rules. So although we advocate for them not being ethical guidelines whatsoever, because we don't believe they are, we strongly suggest that local and international ethical standards are being upheld. So with that in mind, we realize that there is more to a global aspect that needs to be addressed rather than an aspect of law associations in the US or in the UK or now in Europe. Up-and-coming jurisdictions that up until now did not have a lot of exposure to artificial intelligence and maybe even technology as a whole are rising. And they may need more guidance than jurisdictions where technology may be an instinct away. So what the AI task force has created. And is continuing to recruit for, are regional committees for the AI Task Force, tracking AI usage in different legal systems and different jurisdictions. Our goal is to track AI-related legislation and its potential impact on arbitration. These regional committees will also provide jurisdiction-specific insights to refine the guidelines. And hopefully, or this is what we anticipate, these regional committees will help bridge the gap between AI's global development and local legal framework. There will be a dialogue. We will continue, obviously, to be present at conferences, to have open dialogue, and to recruit, of course, for these committees. But the next step is definitely to focus on these regional committees and to see how we, as the AI task force of the Silicon Valley Arbitration Mediation Center, can impact the use of AI in arbitration worldwide.  Rebeca: Well, that's very interesting. So you're utilizing committees in different jurisdictions to keep you appraised of what's happening in each jurisdiction. And then with that, continue, you know, somehow evolving the guidelines and gathering information to see how this field, you know, it's changing rapidly.  Benjamin: Absolutely. Initially, we were thinking of just having a small local committee to analyze different jurisdictions and what laws and what court cases, etc. But we soon came to realize that it's much more than tracking judicial decisions. We need people on the ground that are part of a jurisdiction, part of that local law, to tell us how AI impacts their day-to-day, how it may differ from yesterday to tomorrow, and what potential legislation will be enacted to either allow or disallow the use of certain AI.  Rebeca: That's very interesting. I think it's something that will keep the guidelines up to date and relevant for a long time. So kudos to you, the SVAMC and the task force. Now, I know that the guidelines are a very short paper, you know, and then in the back you have the commentary on them. So I want to, I'm not going to dissect all of the guidelines, but I want to come and talk about one of them in particular that I think created a lot of discussion around the guidelines itself. So for full disclosure, right, I was part of the reviewing committee of the AI guidelines. And I remember that one of the most debated aspects of the SVAMC AI guidelines is guideline three on disclosure, right? So should arbitrators and counsel disclose their AI use in proceedings? So I think that that has generated a lot of debates. And that's the reason why we have the resulting guideline number three, the way it is drafted. So can you give us a little bit more of insight what happened there?  Benjamin: Absolutely. I'd love to. Guideline three was very controversial from the get-go. We initially had two options. We had a two-pronged test that parties would either satisfy or not, and then disclosure was necessary. And then we had another option that the community could vote on where it was up to the parties to decide whether their AI-aided submission could impact the outcome of the case. And depending on that, they would disclose or not disclose whether AI was used. Quite frankly, that was a debate we had in 2023, and a lot changed from November 2023 until April, when we finally published the first version of the AI guidelines. A lot of courts have implemented an obligatory disclosure. I think people have also gotten more comfortable with using AI on a day-to-day. And we ultimately came to the conclusion to opt for a flexible disclosure approach, which can now be found in the guidelines. The reason for that was relatively simple, or relatively simple to us who debated that. Having a disclosure obligation of the use of AI will very easily become inefficient for two reasons. A blanket disclosure for the use of AI serves nobody. It really boils down to one question, which is, if the judge, or in our case in arbitration, if the arbitrator or tribunal knows that AI was used for a certain document, now what? How does that knowledge transform into action? And how does that knowledge lead to a different outcome? And in our analysis, it turned out that a blanket disclosure of AI usage, or in general, an over-disclosure of the use of AI in arbitration, may actually lead to adverse consequences for the parties who make the disclosure. Why? Because not knowing how AI can impact these submissions causes arbitrators not to know what to do with that disclosure. So ultimately, it's really up to the parties to decide, how was AI used? How can it impact the case? What is it I want to disclose? How do I disclose? It's also important for the arbitrators to understand, what do I do with the disclosure before saying, everything needs to be disclosed. During the GAR event in New York, the issue was raised whether documents which were prepared with the use of AI should be disclosed or whether there should be a blanket disclosure. And quite frankly, the debate went back and forth, but ultimately it comes down to cross-examination. It comes down to the expert or the party submitting the document, being able to back up where the information comes from rather than knowing that AI was used. And if you put that in aspect, we received a very interesting question of why we should continue using AI, knowing that approximately 30% of its output are hallucinations and it needs revamping. This was compared to a summer associate or a first-year associate, and the question was very simple. If I have a first-year associate or a summer associate whose output has a 30% error rate, why would I continue using that associate? And quite frankly, there is merit to the question, and it really has a very simple answer. And the answer is time and money. Using AI makes it much faster to receive using AI makes it faster to receive output than using a first year associate or summer associate and it's way cheaper. For that, it's worth having a 30% error margin. I don't know where they got the 30% from, but we just went along with it.  Rebeca: I was about to ask you where they get the 30%. And well, I think that for first-year associates or summer associates that are listening, I think that the main thing will be for them to then become very savvy in the use of AI so they can become relevant to the practice. I think everyone, you know, there's always that question about whether AI will replace all of us, the entire world, and we'll go into machine apocalypses. I don't see it that way. In my view, I see that if we, you know, if we train ourselves, if we're not afraid of using the tool, we'll very much be in a position to pivot and understand how to use it. And when you have, what is the saying, garbage in, garbage out. So if you have a bad input, you will have a bad output. You need to know the case. You need to know your documents to understand whether the machine is hallucinating or giving you, you know, an information that is not real. I like to play and ask certain questions to chat GPT, you know, here and there. And sometimes I, you know, I ask obviously things that I know the answer to. And then I'm like, chat GPT, this is not accurate. Can you check on this? And he's like, oh, thank you for correcting me. I mean, and it's just a way of, you got to try and understand it so you know where to make improvements. But that doesn't mean that the tool, because it's a tool, will come and replace, you know, your better judgment as a professional, as an attorney.  Benjamin: Absolutely. One of the things we say is it is a tool. It does nothing out of its own volition. So what you're saying is 100% right. This is what the SVAMC AI guidelines stand for. Practitioners need to accustom themselves on proper use of AI. AI can be used from paid versions to unpaid versions. We just need to understand what is an open source AI, what is a close circuit AI. Again, for whoever's listening, feel free to look up the guidelines. There's a lot of information there. There's tons of articles written at this point. And just be very mindful of if there is an open AI system, such as an unpaid chat GPT version. It does not mean you cannot use it. First, check with your firm to make sure you're allowed to use it. I don't want to get into any trouble.  Rebeca: Well, we don't want to put confidential information on an open AI platform.  Benjamin: Exactly. Once the firm or your colleagues allow you to use ChatGPT, even if it's an open version, just be very smart about what it is you're putting in. No confidential information, no potential conflict check, no potential cases. Just be smart about what it is you put in. Another aspect we were actually debating about is this hallucination. Just an example, let's say you say this is an ISDS case, so we're talking a little more public, and you ask Chad GPT, hey, show me all the cases against Costa Rica. And it hallucinates, too. It might actually be that somebody input information for a potential case against Costa Rica or a theoretical case against Costa Rica, Chad GPT being on the open end, takes that as one potential case. So just be very smart. Be diligent, but also don't be afraid of using it.  Rebeca: That's a great note to end on. AI is here to stay. And as legal professionals, it's up to us to ensure it serves the interests of justice, fairness, and efficiency. And for those interested in learning more about the SVAMC AI guidelines, you can find them online at svamc.org and search for guidelines. I tried it myself and you will go directly to the guidelines. And if you like to stay updated on developments in AI and arbitration, be sure to follow Tech Law Talks and join us for future episodes where we'll continue exploring the intersection of law and technology. Ben, thank you again for joining me today. It's been a great pleasure. And thank you to our listeners for tuning in.  Benjamin: Thank you so much, Rebeca, for having me and Tech Law Talks for the opportunity to be here.  Outro: Tech Law Talks is a Reed Smith production. Our producers are Ali McCardell and Shannon Ryan. For more information about Reed Smith's Emerging Technologies Practice, please email techlawtalks@reedsmith.com. You can find our podcasts on Spotify, Apple Podcasts, Google Podcasts, reedsmith.com, and our social media accounts.  Disclaimer: This podcast is provided for educational purposes. It does not constitute legal advice and is not intended to establish an attorney-client relationship, nor is it intended to suggest or establish standards of care applicable to particular lawyers in any given situation. Prior results do not guarantee a similar outcome. Any views, opinions, or comments made by any external guest speaker are not to be attributed to Reed Smith LLP or its individual lawyers.  All rights reserved. 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For any questions, suggestions or queries, you can follow and reach out to us on twitter/X at ⁠⁠⁠⁠⁠https://twitter.com/AbhasMishra⁠⁠⁠⁠⁠ or our website: https://podcasters.spotify.com/pod/show/abhas-mishraIn this thought-provoking episode of Kanooni Kisse, we sit down with Aditi, a distinguished legal professional with over a dozen years of experience in corporate law, international arbitration, and high-stakes litigation. From her landmark success in the Merchant Shipping Act case to her role as an Arbitrator in Admiralty and Commercial Disputes, Aditi has carved a unique path in the legal world. We delve deep into her experiences in negotiating high-value settlements, her tenure as a Special Counsel for the Bombay High Court, and her recent achievement as a Solicitor in England and Wales as a female. Key Highlights:• Navigating the complexities of corporate law and commercial documentation.• Achieving a 50% settlement rate through strategic negotiation.• Arguing as lead counsel before prestigious courts and tribunals.• Spearheading international arbitrations under LMAA, LCIA, SIAC, ICC, and New York law.• Successfully settling an international dispute under the Merchant Shipping Act.• Appointed as an Arbitrator by the Bombay High Court.• Earning the prestigious Solicitor (England & Wales) certification.Aditi's journey is a testament to dedication, expertise, and resilience. Her profound insights and experiences offer valuable lessons for legal practitioners and enthusiasts alike. Don't miss this deep dive into the world of corporate law and international arbitration on Kanooni Kisse.Follow Aditi Pawar on:https://www.linkedin.com/in/aditipawar5657/Email her:pawaraditi5@gmail.com Views and opinions expressed by the guest are their own and do not reflect the opinions of the channel or the host. None of the views are meant to malign any religion, ethnicity, caste, organization, company or individual. The contents of the show are meant to spread awareness and should not be considered legal advice. Do not imply solicitation. Always consult a lawyer. LinkedIN profile of our Chambers: ⁠⁠⁠⁠⁠https://www.linkedin.com/company/76478950/⁠⁠⁠⁠⁠कानूनी कहानियों और व्याख्यान के लिए सुनें Kanooni Kisse

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In today's episode, I read the actual decision of Arbitrator Nolan. He goes over the arguments that were made on both sides, which is pretty enlightening, and then details his decision.

Today, Paul's guest is Keith Kelliher, Chartered Quantity Surveyor, Accredited Adjudicator, Arbitrator, Mediator, and Expert Witness at Kelliher and Associates. With a career steeped in construction disputes and conflict resolution, Keith joins us to share his unique perspective on improving communication and collaboration in the industry.

After several months, the Arbitrators late Monday afternoon ruled in favor of the Lore and A-Rod duo to resume their final stretch towards owning the #Timberwolves. On the court, the team played incredibly well down the stretch vs Portland, and followed up with two doozies vs the Cavs and Bucks. #NBA #PodcastUse my referral link for the Crypto.com App:https://crypto.com/app/mt4ysj25P7 to sign up for Crypto.com and get $25!Vig It App Referral: Paladinolivefacebook.com/timberwolvesexplosionX: @TwolvesExhttps://www.youtube.com/@paladinolive⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠tiktok.com/@paladino.live⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠⁠Instagram: timberwolves_explosionpaladinolive@yahoo.com

Rene Thomas Folse, JD, Ph.D. is the host for this edition which reports on the following news stories: Unless Open & Obvious, Injured Worker Must Request Accommodations. Motion to Arbitrate Needs Review of Arbitrator's Discovery Rules. Pfizer Company Resolves Kickback Case for $60M. QOL Medical Resolves Specialty Drug Kickback Case for $47M. State Farm Requests Wildfire Caused 22% Rate Increase. Cal/OSHA: COVID-19 Non-Emergency Standards Expired. Cal/OSHA Guidance During Wildfire Cleanup and Recovery. First-in-Class Non-Opioid Painkiller Approved by FDA.

Federal civil rights enforcement in the employment area is handled by the Equal Employment Opportunity Commission (EEOC,) the Office of Federal Contract Compliance Programs (OFCCP,) and the Department of Justice (DOJ.) This webinar will explore efforts to coordinate enforcement by the three agencies and look at ways to avoid duplication of efforts to streamline and strengthen civil rights and equal employment opportunity enforcement in the United States. It will also look at recent efforts by the federal government to increase the presence of DEIA (diversity, equity, inclusion, and accessibility) programs in the federal sector and the public response to these developments.Featuring:Jon Greenbaum, Founder, Justice Legal Strategies PLLCProf. George R. La Noue, Professor Emeritus of Political Science and Professor Emeritus of Public Policy, University of Maryland Baltimore CountyCraig E. Leen, Partner, K&L Gates; Former Director, OFCCPHon. Jenny R. Yang, Adjunct Professor of Law, New York University School of Law; Former Director, OFCCP; Former Chair, EEOC(Moderator) Robert J. Gaglione, Arbitrator, American Arbitration Association; Former Deputy Director, OFCCP

Ep 137, Surface vs. Substance: Managing Workplace Disputes Wisely

December 17, 2024 ~ Jerry Rosen, JAMS, Mediator and Arbitrator discusses his new book "Grand Bargain."

Rene Thomas Folse, JD, Ph.D. is the host for this edition which reports on the following news stories: 2nd and 4th District Courts of Appeal Diverge on Arbitration/Preclusion Doctrine. Arbitrator's Award is Not Final or Appealable Until it Resolves All Issues. Four SoCal Residents Arrested for Faked Bear Attacks and Insurance Fraud. Fresno County Man Indicted for Falsified Disability Insurance Claims. Farmer and Owner of Fruit Packing Company Convicted of Insurance Fraud. NCCI's Annual Comp Carrier Survey Shows Strong & Healthy System. DOJ Sues to Stop UnitedHealth's Proposed $3.3B Merger With Amedisys. RFK Jr. Recommends Replacing 600 National Institute of Health Employees.

Direto do Congresso Internacional do IBDiC, o Instituto Brasileiro de Direito da Construção, o Capital Projects Podcast traz mais uma série especial! Onde a Engenharia e o Direito se encontram, vocês terão aqui muitas discussões sobre temas ligados à gestão contratual e resolução de disputas! Nesse nono e último episódio da série, eu converso sobre os atuais desafios e tendências no Direito da Construção com Victor Madeira e Marcelo Botelho de Mesquita. Victor é advogado, árbitro e membro de dispute board, com experiência no setor da construção e infraestrutura e especializado na elaboração e negociação de contratos de construção, financiamentos e em arbitragens e litígios complexos envolvendo o setor. No momento da gravação da nossa série, era o Presidente do IBDiC. Marcelo é Vice-presidente da CMAA-ACIF, Fellow do Chartered Institute of Arbitrators, Mestre em Direito pela UFSC e advogado com ampla experiência em contratos de engenharia e construção no setor de infraestrutura. Era Vice-Presidente do IBDiC durante a gravação da nossa série, sendo eleito Presidente para o novo mandato da Diretoria iniciado no final de outubro. Vamos falar sobre como o Congresso do IBDiC, as tendências do setor, contratos colaborativos e muito mais? Dê um play e vamos juntos! Essa série só foi possível graças ao apoio especial da Deloitte (https://www.deloitte.com/br/pt.html) e do IBDiC (https://ibdic.org.br/)! Quer entrar no grupo VIP para saber em primeira mão sobre as lives e a nova turma do Curso GPI/FEL? Acesse: https://chat.whatsapp.com/KZNt0vR1zLfBt4ZeqflVGN #CapitalProjectsPodcast #GestãodeProjetos #CapitalProjects #AndreChoma #Construção #Engenharia #ProjectManagement #PMI #ProjectManagementInstitute #FEL #Frontendloading #MetodologiaFEL #Deloitte #IBDiC #GestãodeContratos #VictorMadeira #MarceloMesquita

J.P. Duffy is joined by Jeff Zaino, vice president of the AAA-ICDR's Commercial Division, to discuss the AAA's upcoming centenary and its enduring reputation as a trusted choice for resolving commercial conflicts across industries. The conversation delves into the AAA's significant milestones and accomplishments, highlighting its commitment to innovation, including its approach to AI and the recent appointment of Bridget McCormack as president and CEO. ----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, in which we'll discuss the American Arbitration Association with Jeff Zaino, who's the vice president of the AAA's commercial division. I'm J.P. Duffy. I'm an international arbitration partner based in New York that acts as both counsel and arbitrator in international arbitration seated around the world under a variety of governing laws and arbitral rules. I'm qualified in New York, England, and Wales in the DIFC courts in Dubai, where I previously lived and practiced. I routinely represent clients and arbitrations involving a range of issues and frequently sit as an arbitrator in commercial disputes as well. I also have the good fortune to be a member of the AAA's commercial division arbitrator roster, the ICDR panel, and I'm a member of the AAA-ICDR Life Sciences Steering Committee and a member of the ICDR Publications Committee as well. So I get to do a lot with the AAA, which is really a wonderful organization. As I mentioned, with me today is Jeff Zaino, who's the vice president of the commercial division of the AAA in New York. He oversees administration of the large, complex commercial caseload, user outreach, and panel of commercial neutrals in New York. He joined the association in 1990, and Mr. Zaino is dedicated to promoting ADR methods and services. He's also written and published extensively on the topics of electronic reform and ADR, including several podcasts with the ABA, talks on law, and corporate counsel business. And he's appeared on CNN, MSNBC, and Bloomberg to discuss national election reform efforts and the Help America Vote Act. He was deemed a 2018 Alternative Dispute Resolution Champion by the National Law Journal and received awards for his ADR work from the National Academy of Arbitrators, Region 2 and Long Island Labor and Employment Relations Association. In 2022, Jeff received the Alicott Lieber Younger Committee of the Year Award for the New York State Bar Association Commercial and Federal Litigation Section. And in 2023, the Chairman's Award, NYSBA Dispute Resolution Section. So as you can tell, Jeff is a highly experienced, highly lauded arbitration expert, but we're really lucky to have his valuable insights today. So before we begin with some of the substance, let me just give a little bit of background on the AAA and the commercial division so that those that are less familiar have a little bit of information about what we're going to discuss today. The AAA is a non-profit alternative dispute resolution service provider headquartered in New York that administers arbitrations, mediations, and other forms of dispute resolution, such as ombudsperson and dispute avoidance training. It was founded in 1926 to provide an alternative to civil court proceedings, and that makes the AAA one of the oldest arbitral institutions in the world, as well as one of the largest, having administered over 11,553 business-to-business cases in 2023 alone, with a total value of over $19.1 billion. So that should give you a pretty good idea of the scope of what the AAA does. Notably, the AAA has several divisions that offer users substantial subject matter expertise. For instance, the commercial division, which Jeff heads, specializes in business-to-business disputes of all sizes, but has a particular expertise with large complex cases across a variety of industries, including accounting, communications, energy, entertainment, financial services, franchise, hospitality, insurance and reinsurance, life sciences, sports, and technology. There are also separate AAA divisions that focus exclusively on construction issues, consumer disputes, employment matters, government issues, healthcare, and labor disputes. Lastly, as many of our listeners will know, the AAA has a well-known international division, the International Center for Dispute Resolution, or what's colloquially known as the ICDR, that focuses on disputes that have an international component. Before we get into some of our recent developments, Jeff, if you could tell us a bit about what makes the AAA different than other arbitral administrators, I'm sure our audience would love to hear that.  Jeff: Sure. Hey, thanks so much, J.P., for having me today, and thanks for the kind words at the beginning. It's great to be here today. Well, you mentioned it. The AAA is the largest and oldest ADR provider in the world. We have over 700 staff worldwide and 28 offices, including one in Singapore. And we have a huge panel, and you're on that panel. We have 6,000 arbitrators on our panel, and we consider them experts in the industry. And we're really proud of our panel. And like you mentioned, we're hitting our 100th anniversary in 2026. And since then, when I started, I started in the 90s, like you mentioned, 1990. From 1926, when we were founded, to 1990, we did a million cases, one million cases. And then, since then, from 1990 until now, 2024, we hit 8 million, 8 million cases. So it's growing. And I feel that's because of AAA, AAA-ICDR. Again, we've been around for almost 100 years, and we keep on growing. And I feel that we took the A out of ADR. I mean, everyone says alternative dispute resolution, but I really think now it's, and you'll probably agree with me, J.P., that it's dispute resolution. It's something in our toolbox and it's not alternative any longer. And then another thing about us, a huge difference about AAA-ICDR is we're not for profit. That makes us unique in this space. Profit-based companies are a little bit different than what we are. We're not criticizing them, but we're unique in the sense that we work directly for the parties, not for the arbitrators.  J.P.: That's a really interesting stat, Jeff. Let me unpack some of that because I think, first off, if I understood that correctly, you said up until 1990, there were 1 million cases administered. Is that right?  Jeff: That's correct. We did 1 million cases from our founding, 1926, a year after the Federal Arbitration Act in 1925. So we did 1 million when I came on board in 1990. And then from 1990 until now, we've done a total of 8 million. So we doubled that, or tripled it. It's been amazing how the growth that we've seen. And also during a pandemic, we saw a huge growth at AAA-ICDR.  J.P.: And Jeff, one thing that I think you're obviously very involved with the New York State Bar, and I've done quite a bit with the New York State Bar myself over the years. One thing that I noticed, and you just reminded me of this, was an uptick in submission agreements during the pandemic, by which I mean parties taking existing disputes for which there was no arbitration clause, drafting an arbitration clause for it to submit it and move it into arbitration. And I think some of that was a function of the recognition that disputes would founder if the courts were closed and that parties needed things done. Did you see that kind of growth during the pandemic of submission agreements as well?  Jeff: Absolutely. The courts were shut down, like you mentioned, for three to four months worldwide. And the ADR providers, like the AAA-ICDR, did not shut down. And we did have submissions, more submissions than we've ever seen. And usually it's only about, I would say, 2%, 3% of our caseload is submissions, but we saw the court systems. And I had, personally, I had over a billion dollar case, a bankruptcy case that came to us from Texas and it was mediated. We had two mediators, one in Connecticut and one in Texas. We had six parties, 40 people showed up on the Zoom, J.P., it was amazing. And that was a submission to AAA through the court system. The judge talked to the parties and said, listen, we're shut down. This is an important matter. Why don't you go to AAA? And so, yes, we did see submissions during the pandemic. I'm not sure if that's going to continue on. Most of our disputes are features of contract, as you know.  J.P.: Yeah. I mean, that's always going to be the case in arbitration, right? That the vast majority of cases will be subject to a pre-dispute arbitration clause. But I think it's really interesting when you see submission agreements like that, because I think it's a clear recognition that one, arbitration is a really valuable tool. And two, it's a real plus for the AAA and a real nod of confidence that those are submitted to AAA because that's parties taking something they know has to be figured out and saying, all right, AAA is the guy to do. I wanted to pick up, too, on that exponential growth of 8 million cases between 1990 and the present versus 1 million over the first, you know, what is that, 70-something years or 60-plus years?  Jeff: 60-plus years, absolutely, yeah. J.P.: Are there particular industries that you've seen significant growth in since the 1990 period that you were discussing, like between 1990 and the present? Are there particular industries that you are seeing more growth in or that you think there could be more growth in? Just be curious to get your views on that.  Jeff: Sure, sure. And my area of commercial, as you know, because you're on the commercial panel and the ICDR panel, is healthcare. And I know you're a big part of healthcare. Also, financial services. We've seen a huge growth in that in the last five years. We put together an advisory committee for financial services on insurance. And then also, as you probably know, consumer. We saw a big amount of consumer cases during the pandemic and even prior to the pandemic. And that's a big caseload. It's about 30% of our caseload at AAA-ICDR. But again, people criticize that sometimes and say, well, that's not fair to the consumer. They're forced into arbitration. But what I say, J.P., to law students and when I speak at events like this, I say, listen, we don't draft ourselves into contracts. AAA-ICDR does not do that. People draft us into contracts and we just try to make the process, we try to level the playing field. And we do a lot of consumer, but we do a lot of high-end commercial cases, as you know, a lot of international cases and things like that. But the two areas, I would say, a long way to answer to your question, J.P., is I would say healthcare and financial services, insurance, that's where we're seeing a lot of growth and also technology.  J.P.: The consumer aspect is one that is obviously very, very, very hot right now, given things like the mass arbitration rules and things like that. And we will probably touch on that in a bit, but it's a really valuable service to provide. And that's one thing that I think the AAA really does well. As you mentioned, it's a not-for-profit organization. It's not an organization that's out to make money off of consumer disputes. It's really there to help everybody resolve them. So something for everyone to keep in mind.  Jeff: The company bears the cost, not the consumer. And I hope people know that, that we're not out, like you said, we're not out to make a big buck on this. We're just trying to level a playing field and access to justice for these people.  J.P.: Yeah. And that's really what it is. At the end of the day, it's access to justice. And a lot of times the alternative is small claims court, which is not always a great choice. I've sat as an arbitrator in small claims court a few times, and I can tell you it's a great process when it works, but it can be a challenging process as well so  Jeff: Without a doubt.  J.P.: Always something to keep in mind. Yeah. Well, let's talk then about some of the recent developments because there have been quite a few. And as you mentioned, it's coming up on the centennial for the AAA-ICDR. And a lot has happened, obviously, in the 100 years of its existence, almost 100 years of its existence.  Jeff: Sure.  J.P.: And quite a few of those things are pretty monumental. And one of the biggest ones, I guess, is that in February 2023. Bridget McCormack took over as president and CEO of the AAA-ICDR from India Johnson, who was in that role for a lot of years. Bridget was previously the chief justice of the Michigan Supreme Court, if I'm correct, and was also a professor and associate dean at the prestigious University of Michigan Law School. So she brings a pretty extensive wealth of experience to the AAA. Now that she's been in that role for about a year and a half, how have things been different at the AAA-ICDR under Bridget's leadership?  Jeff: It's been wonderful. I mean, Bridget brings such life to the company right now. I mean, India Johnson was great. She put our house in order, our finances. but Bridget is now doing a wonderful job in getting out there. I'm not sure, J.P., have you met her yet?  J.P.: I have not had the pleasure of meeting her in person, but I'll sort of preview for our listeners that we are in the process of trying to get Bridget into our firm to talk to everyone about what the AAA-ICDR does and give sort of an insider's view for our partners.  Jeff: Oh, wonderful. She's such a dynamic speaker. If you go on YouTube, you'll see she speaks all the time. It's amazing. Whenever I ask her to speak at an event in New York, I feel bad about asking her because I know how busy she is, but she does agree. But I have to find a space in her calendar because if you see on LinkedIn, I know you're on LinkedIn too, J.P., and she is everywhere. It seems like every week she's speaking somewhere, very dynamic, and she embraces AI. And I know we're going to talk about AI a little bit, but also innovation. And she's been doing such a terrific job being the face of the AAA, and we needed that. India, again, did a wonderful job, but Bridget is out there and around the world doing international events, doing events here domestically. And it really, I think, is getting the word out there about ADR and about, well, I should say DR, sorry, dispute resolution, and also access to justice. Being a former chief justice of the Supreme Court of Michigan, doing a terrific job. And really, the people in the company are very excited. We have 700 plus employees, and we're excited with our new president. It really has been a great time with her.  J.P.: You know it's funny. The one thing I've universally heard from anyone who works there when I ask about Bridget is everyone says great energy, great leadership, and really, really, really strong presence, which is really wonderful to hear because you seem to be echoing that pretty strongly as well.  Jeff: Yeah, without a doubt. I mean, when she works a room, when she talks at an event, and it's great. We're forward-looking right now, big time. The AAA now is looking, AAA-ICDR, looking towards the future with innovation, with ODR, and we're going to talk about that, and with access to justice, which I love. And she's doing a terrific job.  J.P.: Well, that's great to hear. And I think we are going to talk about odr.com in just a second. But before we do that, I'd just be curious, because they may well be the same thing. But what would you say Bridget's greatest accomplishment is so far?  Jeff: I would say being the face of the AAA and embracing new ideas. For years, we didn't really, we moved kind of slowly. We embraced new ideas, but we moved slowly like a battleship turning around or an aircraft carrier turning around. We moved slowly. We're not doing that any longer. Bridget wants to move on quickly, which is great, and embrace things that are going on. And I think we're ahead of the curve on a lot of things, with acquiring ODR, with our embracing AI, with her ideas about innovation, access to justice. We are, I think, really ahead of the curve with respect to these areas, ahead of law firms, ahead of some of our competitors. And I attribute that to Bridget.  J.P.: That's really great to hear. That's really great to hear. And it's really hard with a large organization to be nimble. Exactly. I know we do that pretty well at Reed Smith, I think, too, but it's a challenge, and it does require great leadership in order to get everybody on board with that. So it's wonderful to hear that's happening at the AAA-ICDR, and you see it.  Jeff: Oh, yeah, without a doubt. And also, we're almost 100-year-old organizations, so you would think that we wouldn't be thinking about these innovation things in the future, but we are, which is terrific. We're an old organization, but not really. We're ready for the future.  J.P.: Well, let's talk about that future a bit because it's clear that there's a strong focus on that. And one of the first things that I noticed is the odr.com resourceful internet solutions acquisition. So for those that don't know anything about that, maybe you could fill the audience in and give us a bit of background about that one and what it's done for the AAA-ICDR.  Jeff: Sure. We just recently, a few months ago, acquired odr.com. It's a company that's been around for approximately 25 years. Online dispute resolution that can be completely customized for your needs for online dispute resolution. And they've been doing a wonderful job for many years. Okay. obviously much smaller than the AAA-ICDR, but they've been working with us. I'm not sure if you know this, J.P., but they've helped us with our no-fault business in New York. They help us set up our system initially years ago. So we've had a relationship with them for probably two decades with ODR. So we recently acquired them and we're working with them. Their most important area is right now is mediation. They have mediate.com and we're looking at  our mediation.org and combining those two. Okay. And we want to expand our mediation business. And again, I mentioned it a couple of times, access to justice. We want high volume cases. Okay. We do obviously high-end cases, high dollar cases, but right now we're seeing with odr.com, we can spread the business, we can grow the business and we can expand our mediation business. And that's what we're trying to do because mediation is growing. As you know, J.P., it's it mediation has grown tremendously over the last couple of decades. But now with ODR online dispute resolution, I mean, it's going to really grow, I think. So that's what that's why we acquired it. And, you know, Colin Rule, I'm not sure, J.P., if you've ever met Colin Rule. The head of ODR.com.  J.P.: I have not had the pleasure.  Jeff: Yeah, he's he's phenomenal. know if anyone that's listening to this podcast, you just Google Colin Rule. He's been in this space for many, many years and he's a phenomenal person. And I'm really excited about this acquisition. And I think we're going to work so well together.  J.P.: Jeff, just for people like me that are a little bit less savvy with how some of these things work technologically and sort of mechanically, is odr.com and mediate.com is a function of that, right? Or a part of that?  Jeff: Yeah, it's a part of it. Yeah. And I believe they have arbitration.com, but now it's going to be merged in with the AAA. And the platform of odr.com is going to be used for our mediation services at AAA for online mediation services.  J.P.: Okay. That's what I was getting at. So this is like a platform where users or parties and the mediator all log in, communicate with each other. Exchange their positions, and do everything that way. So is it correct to say it's sort of a virtual mediation platform?  Jeff: Yeah, without a doubt. And now the timing is perfect, J.P., because we just came off the pandemic about a couple of years ago, and we were seeing, as you probably know, as an arbitrator at AAA, we were doing thousands of virtual hearings arbitration and also mediation, and it worked. It really worked.  J.P.: Yeah. And that's really one of the true benefits that came out of the pandemic, in my view. Prior to the pandemic, I had always done certain aspects of cases virtually. And there was video conferencing was something that you could suggest, but that parties and frankly, arbitrators were not always that willing to embrace. But I think the pandemic really showed everyone that you can do things virtually. Efficiently, cost-effectively, and in a way that you don't need an in-person hearing for, and that it can be really successful. So I'm sure the timing has been right for odr.com and that acquisition. In terms of integrating it, what's the full timeline for getting it fully integrated, if you don't mind my asking?  Jeff: Sure. I mean, right now we're focusing on mediation. Okay. That's going to be our focus for the next several months. And then I think we're going to try to see if we can move this into arbitration also, because we're still seeing a lot of arbitrations, not a lot. I mean, I would say that 30% of our arbitrations are still being done in the virtual world. We're starting to see, and JP you've been at my Midtown office in Midtown Manhattan on 42nd Street, and we're starting to see about 60 to 70% capacity as an in-person for arbitration. But there's still a segment that wants to do it in the virtual world. And this is where odr.com comes into play. And right now it's, but the focus right now is mediation and working with our mediation team at the AAA-ICDR.  J.P.: Got it. Well, you know, it's funny. I have an employment partner who told me the odds of them ever doing an employment mediation below a certain value in person again are slim to none.  Jeff: Interesting.  J.P.: Yeah. And I think you guys have really hit the nail on the head with this.  Jeff: Well, with labor similar to employment, we're seeing almost 80% of labor cases now in New York City, I'm talking, are being done virtual, maybe even a little bit more than that. They got so used to doing it in the virtual world for labor cases, union management. It's interesting to see where we're going with this. But commercial type disputes, the type that you handle, J.P., we're starting to see more people coming back into in-person. However, we're not seeing the days of a witness flying in from Paris for one hour because we have all the technology at the offices, our offices around the country, the voice activated camera. So we don't need to ship in people for one hour. It's a waste of money.  J.P.: Yeah. And that's, you know, that's really the great thing that this technology allows for, which is, you know, I just did a, to mention the hearing space, Jeff, I just did a pretty large week-long hearing earlier in the year at the AAA's offices on 42nd Street. And it was great, but there were, you know, and I do, you know, myself prefer in-person for certain things, but, you know, during that hearing, we had witnesses that were exactly what you're describing, I mean, really only required to confirm a few issues or give, you know, a short cross examination and they were located in pretty diverse regions. Absolutely no reason to incur the time or expense or frankly, just the headache of bringing those people in from around the world for scheduling purposes and everything else.  Jeff: Sure.  J.P.: We did those, you know, we did those witnesses virtually and that is a real, that's a real benefit. You know, you sort of do that hybrid approach and you can save, it's way more efficient, It's way more cost-effective, and it is just easier from a scheduling perspective. So this is a really great development.  Jeff: Yeah, and J.P., have you noticed, I mean, when you were probably at my office on 42nd Street, we have now the big monitors. And I've noticed that arbitrators like yourself and advocates like yourself are using more technology in the rooms. We have these cupboards in our hearing rooms where the binders used to go, the big binders for exhibits and things like that. No longer am I seeing that. Most arbitrators are now using our, we provide iPads, we have the big monitors, and it seems like people are going away from paper, which is great too.  J.P.: Yeah, it's funny. I'm sort of like probably the last of the Mohicans where people really had to do things like mini books. Like when I was a real junior associate, we would have hearing bundles that were in mini book form and they were, you'd have 55 volumes and everything would be in there. I mean, there's sort of those nightmare stories where parties would spend hundreds of thousands of dollars just pulling together the paper for a hearing. And that, you know, that to me always seemed a little bit crazy. In this day and age, it is totally unnecessary. I would much prefer to have everything electronically. And that hearing space really allows for that. So really, really great to hear that parties are embracing that because it's such a cost savings and it's an efficiency. You know, it just doesn't need to be the way it was.  Jeff: Sure.  J.P.: Well, let's talk then a bit about some of the AI stuff that you were mentioning, because I think that is really, I have to confess, I don't understand it as well as I should. I think most people, if they were being honest, probably have an inkling of what it does, but don't really know. I'd love to hear what the AAA-ICDR is doing with AI, because it's a really, really, really groundbreaking development.  Jeff: Absolutely. Well, if you Google Bridget McCormack, our president, she speaks on AI quite frequently and it really has embraced it. And how have we embraced that AAA? Well, she encourages the staff to use it. And we have, she's even recommended certain programs that we should use. But with respect to how are we using it with respect to running our business? Well, we have ClauseBuilder and you know about ClauseBuilder. It's a tool that was developed in 2013 where people can go online and develop a clause for arbitration. Now we have ClauseBuilder AI, which as opposed to going through various modules with the original ClauseBuilder, you can just type in, I want an employment clause. I want three arbitrators. I want limited discovery. And the clause builder AI will build that clause for you. That's something we just rolled out. Also for arbitrators, scheduling orders. We have an AI program right now for arbitrators where a scheduling order usually takes an arbitrator, and you can correct me if I'm wrong, J.P., usually about an hour to two hours after you do the preliminary hearing. Well, now AI reduces that time to probably a couple of minutes for an arbitrator. So we rolled that out. And we obviously were having discussions about low dollar cases, high volume cases. Can AI be used? And we're looking into that. We haven't rolled that out yet. It's not going to eliminate you, J.P., but it's something that we're looking at right now. And we are embracing it. I use it for various things. I'll give you an example. I use it for if I'm doing an educational program, I'll type in, you know, I'm doing a program on arbitration and discovery. Can you give me a good title for this program? I've been doing this for years. I've used a lot of different titles for programs, and it's wonderful to use AI for those purposes and for editing things. So I like the fact that our company embraces it. Some companies do not. Some law firms, as you know, J.P., do not embrace AI. And we had that case last year where I think an attorney, it wasn't arbitration, it was litigation, where he cited cases through AI that never existed.  J.P.: Yeah, that's actually happened more than once since then. And it's been kind of amazing to me. Yeah, it's funny. We as a law firm at Reed Smith have definitely embraced AI. We've got a person who's sort of C-suite level that addresses that and that heads that function up. And I know we are trying to bring it in much more for things that are sort of routine, that don't require necessarily true attorney time. And it is a real game changer. I mean, you know, anybody who doesn't get on board with AI is going to get left behind at some point because it is truly, truly the wave of the future, in my view.  Jeff: Oh, absolutely. And the way I look at it, people say, well, it seems scary or whatever. But what about Google Maps and things that we've embraced years ago? I couldn't live, J.P., without Google Maps. So that's technology that it's going to help us. It's not going to take us over or whatever. It's going to help us enhance what we're doing.  J.P.: Yeah, I think the concerns about Skynet are a little bit, you know, Skynet and Terminator are a little bit far-fetched, but it is something that we all need to get on board with. It's a lot like the way that, you know, when I first started practicing the notion of uploading paper documents to be reviewed and then using search terms was really scary for a lot of people, but that, you know, that became commonplace and you couldn't function without it. This will do the same thing to the extent it's not the same. Now, Jeff, what's the overlap, if any, between that you see between some of the AI initiatives and odr.com?  Jeff: We're not really combining those yet, but I think we will. There's discussions about it, but right now we're focusing on mediation with odr.com and we're discussing rolling out AI with various things to help to assist our arbitrators, are mediators, but I think eventually, you know, there'll be a combination, I think, but right now there's not.  J.P.: Got it. Well, we'll stay tuned because I can't imagine those two things are going to stay in separate houses for too long. Well, we could talk all day about what's going on at the AAA-ICDR right now because it's just amazing. I mean, it's really incredibly, incredibly dynamic at the moment. But what I'd like to do is sort of shift ahead to looking ahead to the future. We talked a bit earlier about how the AAA is rapidly approaching its centennial anniversary, And that's kind of a natural reflection point for any organization. If you were to sort of sum things up and say, what accomplishments from its first century of existence that the AAA is most proud of, what do you think you would point to?  Jeff: Well, I would point to two things. First, how amazing the AAA-ICDR was and also other ADR providers. When pandemic hit, within a week, we were up with 700 employees doing thousands and thousands of cases. And I was worried about the arbitrators, not you, J.P., but other arbitrators with the technology. And our 6,000 arbitrators, it was flawless. It was amazing or seamless. It really went well. And that I'm very, very proud of because I had been with the AAA for a long time prior to that. And I was really concerned that the arbitrators weren't going to get it. We weren't going to be able to understand Microsoft Teams, Zoom, all that kind of stuff. So we did a great job during pandemic. We had some of our best years during pandemic with respect to helping society in arbitrating cases. But also some of the things that we've done for state and federal governments, you know, state and federal governments, Storm Sandy, Katrina. Those are the things I'm very proud of. I was a part of the Storm Sandy stuff where we administered 6,000 cases for homeowners and with insurance companies. And we were able to do that very quickly. And we're a not-for-profit. So the federal government and the state governments look at us and will hire us to do those kind of projects. And we can quickly mobilize because of our staff. So those two things really stand out in my career at AAA.  J.P.: That's a really, really interesting thing to point to because that truly embodies the best that the AAA can offer. It's an incredible service that really helped people with real-life issues during really challenging times. So wonderful to hear. What would you see for the next 100 years in the AAA? Like, you know, looking forward, I know it's going to be here for, it's going to be having its two, it's bicentennial at some point. It will absolutely occur. What would you see is, you know, if you were to fast forward yourself a hundred years and still be in the seat, because by then technology will have kept us all alive for the next hundred years, and you're Jeff Zaino 2.0, sitting around in 200 years, where would you see the AAA-ICDR at that point?  Jeff: Well, I'm on part of the committee for the 100-year anniversary. We have a committee already formed two years in advance to get ready for our 100th year anniversary, and we're talking about this stuff. And I think some of the themes that Bridget's talking about, access to justice, I think we're going to be, we saw from 1990 to now 8 million cases, we're going to see far more. We're going to see the public now embracing arbitration. When I was hired by the AAA in the 90s, I didn't even know what AAA stood for. I mean, with the name, American Arbitration Association. I didn't know what arbitration was. We are reaching out to law schools. We're doing collaboration with a lot of law schools in New York and throughout the country, throughout the world. And I think the word's going to get out there that arbitration is the way to go. Our mediation is too. And I'm excited about that. Also, we're going to see far more diversity at AAA and also in the community. And that's something that we really care about at the AAA. Right now, J.P., as you probably know, any list that goes out at the AAA is a minimum of 30% diverse. So we're going to see an increase in that area, but also access to justice for the public.  J.P.: Really, really great. And I think we will all watch with rapt attention to see what happens because it's only good things in the future for the AAA-ICDR, that's for sure. Well, Jeff, I just want to thank you. But before we wrap this up, I'm going to reserve my right to bring you back for another podcast because there's so much more we could talk about. So, but is there anything I missed that we should hit on now that would be great for the audience to hear? I know there's just so much going on.  Jeff: Well, I hope the audience when in 2026, when we have our 100th anniversary, I hope people participate in it because we're going to do things worldwide and we're going to be doing events everywhere. And that year we really are, we have a huge team of people that are working in our 100th year anniversary and not to just necessarily promote AAA-ICDR, but to promote arbitration and mediation. And that's what we're going to be doing in 2026, and I'm very excited about it.  J.P.: You heard it here first, folks. Arbitration is the future. And Jeff said it himself. So we will definitely watch closely. Well, good. And just to give a very quick preview on this one, too, because Jeff, you mentioned it. We are going to, in the future, have your colleagues from the ICDR side of the house come on, and we're going to bring some of the new folks from Singapore and a few other people. So more to come. And it's just incredible to see.  Jeff: We look forward to it. And J.P., I'd love to have another sit down with you. It's been great.  J.P.: Good. We absolutely will. So that then will conclude our discussion at the American Arbitration Association for now. And I want to thank our guest, Jeff Zaino of the AAA Commercial Division for his invaluable insights. And I want to thank you, the audience, for listening today. You should feel free to reach out to Reed Smith about today's podcast with any questions you might have. And you should absolutely as well feel free to reach out to Jeff. I know he's super responsive and he would love to chat with you directly if you have any questions. And we look forward to having you tune in for future episodes of the series, including future updates with Jeff and our podcast with the ICDR as well. So thank you everyone. And we will be back.  Outro: Arbitral Insights is a Reed Smith production. Our producers are Ali McCardell and Shannon Ryan. For more information about Reed Smith's global international arbitration practice, email arbitralinsights@reedsmith.com. To learn about the Reed Smith Arbitration Pricing Calculator, a first-of-its-kind mobile app that forecasts the cost of arbitration around the world, search Arbitration Pricing Calculator on reedsmith.com or download for free through the Apple and Google Play app stores. You can find our podcast on podcast streaming platforms, reedsmith.com, and our social media accounts at Reed Smith LLP.  Disclaimer: This podcast is provided for educational purposes. It does not constitute legal advice and is not intended to establish an attorney-client relationship, nor is it intended to suggest or establish standards of care applicable to particular lawyers in any given situation. Prior results do not guarantee a similar outcome. Any views, opinions, or comments made by any external guest speaker are not to be attributed to Reed Smith LLP or its individual lawyers.  All rights reserved.  Transcript is auto-generated.

Arbitrator Susan Ahern SC of the Sports Law Bar Association welcomes William McAuliffe, Head of Disciplinary at UEFA and Giovanni Maria Fares, Counsel at the Court of Arbitration for Sport (CAS) to the podcast. In this episode, they discuss how they came to practice in the area of sporting disputes, their areas of work and some key learnings from their careers so far. Attend the Sports Law Bar Association Conference on 6th December - Register here: https://ti.to/BarofIreland/slbaconference2024

Gautam Bhattacharyya welcomes Eunice Shang-Simpson (arbitrator, mediator, and lecturer-practitioner) to discuss her career journey, including key roles as a prosecutor, policy advisor, and practitioner. They explore her career highlights, transformational moments, and inspirations, before discussing the challenges and opportunities for improving parity and access in the legal profession, and how the industry can evolve to support future legal professionals.

Sports Law: Legal Principles in Professional and Amateur Athletics Chapter 1: Introduction to Sports Law Purpose: This chapter provides an overview of the field of sports law, introducing readers to its key concepts and the legal issues that permeate the sports industry. Key Topics: Definition and Scope of Sports Law: Sports law is a unique blend of multiple areas of law—contract law, labor law, antitrust law, intellectual property law, and tort law—all applied within the context of the sports industry. It covers legal matters that arise in both professional and amateur sports, including issues related to governance, contracts, competition, player conduct, and commercialization. This multidisciplinary field serves athletes, teams, leagues, sports organizations, and regulatory bodies, addressing everything from player contracts to antitrust concerns and intellectual property rights. Distinction Between Professional and Amateur Sports Law: While professional sports law typically revolves around commercial and employment issues like contracts, compensation, and league governance, amateur sports law often focuses on eligibility, athlete rights, and regulatory compliance, especially in collegiate sports. Professional athletes negotiate contracts with teams and sponsors, whereas amateur athletes—particularly in the U.S. under NCAA rules—have historically been restricted by rules around compensation and endorsements, although recent changes in NIL (Name, Image, Likeness) rights have begun to shift that landscape. Historical Development of Sports Law: The legal regulation of sports has evolved significantly. Historically, the law treated sports as a private matter governed by internal rules. Over time, as sports grew into a major economic and social institution, external legal frameworks were developed to address issues like antitrust concerns, labor disputes, and intellectual property protection. Milestones like the establishment of the reserve clause in baseball, the formation of player unions, and landmark antitrust cases such as Flood v. Kuhn have shaped modern sports law. Key Legal Frameworks Governing Sports (Domestic and International): Sports are governed by a variety of legal frameworks that vary based on jurisdiction and the nature of the sport. Domestically, key frameworks include contract law, labor law (especially through the National Labor Relations Act), and antitrust laws like the Sherman Act. Internationally, sports are subject to regulations from bodies like the International Olympic Committee (IOC) and the World Anti-Doping Agency (WADA). Various national and international regulatory bodies such as FIFA for soccer and the International Court of Arbitration for Sport (CAS) provide oversight and resolve disputes in the international arena. Role of Courts, Arbitrators, and Regulatory Bodies in Sports Law: Courts, arbitrators, and regulatory bodies play crucial roles in resolving disputes in sports law. Courts interpret laws and contracts, resolve labor disputes, and address antitrust concerns, while arbitration is often used to settle disputes efficiently, particularly within leagues and between players and teams. Specialized bodies like CAS are essential in handling disputes at the international level, particularly in matters related to doping, athlete eligibility, and contract disputes. Summary: This chapter introduces the diverse legal challenges inherent in the sports industry, emphasizing the field's multifaceted nature. It explains how sports law intersects with other areas of law and sets the stage for deeper exploration of specific issues, from contracts to antitrust law and doping regulations. Through understanding the historical development and the legal frameworks at play, readers will grasp how the sports industry navigates complex legal landscapes. --- Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

Sports Law: Legal Principles in Professional and Amateur Athletics Chapter 1: Introduction to Sports Law Purpose: This chapter provides an overview of the field of sports law, introducing readers to its key concepts and the legal issues that permeate the sports industry. Key Topics: Definition and Scope of Sports Law: Sports law is a unique blend of multiple areas of law—contract law, labor law, antitrust law, intellectual property law, and tort law—all applied within the context of the sports industry. It covers legal matters that arise in both professional and amateur sports, including issues related to governance, contracts, competition, player conduct, and commercialization. This multidisciplinary field serves athletes, teams, leagues, sports organizations, and regulatory bodies, addressing everything from player contracts to antitrust concerns and intellectual property rights. Distinction Between Professional and Amateur Sports Law: While professional sports law typically revolves around commercial and employment issues like contracts, compensation, and league governance, amateur sports law often focuses on eligibility, athlete rights, and regulatory compliance, especially in collegiate sports. Professional athletes negotiate contracts with teams and sponsors, whereas amateur athletes—particularly in the U.S. under NCAA rules—have historically been restricted by rules around compensation and endorsements, although recent changes in NIL (Name, Image, Likeness) rights have begun to shift that landscape. Historical Development of Sports Law: The legal regulation of sports has evolved significantly. Historically, the law treated sports as a private matter governed by internal rules. Over time, as sports grew into a major economic and social institution, external legal frameworks were developed to address issues like antitrust concerns, labor disputes, and intellectual property protection. Milestones like the establishment of the reserve clause in baseball, the formation of player unions, and landmark antitrust cases such as Flood v. Kuhn have shaped modern sports law. Key Legal Frameworks Governing Sports (Domestic and International): Sports are governed by a variety of legal frameworks that vary based on jurisdiction and the nature of the sport. Domestically, key frameworks include contract law, labor law (especially through the National Labor Relations Act), and antitrust laws like the Sherman Act. Internationally, sports are subject to regulations from bodies like the International Olympic Committee (IOC) and the World Anti-Doping Agency (WADA). Various national and international regulatory bodies such as FIFA for soccer and the International Court of Arbitration for Sport (CAS) provide oversight and resolve disputes in the international arena. Role of Courts, Arbitrators, and Regulatory Bodies in Sports Law: Courts, arbitrators, and regulatory bodies play crucial roles in resolving disputes in sports law. Courts interpret laws and contracts, resolve labor disputes, and address antitrust concerns, while arbitration is often used to settle disputes efficiently, particularly within leagues and between players and teams. Specialized bodies like CAS are essential in handling disputes at the international level, particularly in matters related to doping, athlete eligibility, and contract disputes. Summary: This chapter introduces the diverse legal challenges inherent in the sports industry, emphasizing the field's multifaceted nature. It explains how sports law intersects with other areas of law and sets the stage for deeper exploration of specific issues, from contracts to antitrust law and doping regulations. Through understanding the historical development and the legal frameworks at play, readers will grasp how the sports industry navigates complex legal landscapes. --- Support this podcast: https://podcasters.spotify.com/pod/show/law-school/support

Mélida Hodgson Careers in international arbitration will usually span the globe.  Across locations, cultures, industries and employers.  Mélida Hodgson has seen all of that in her career as an international practitioner and arbitrator.   On this week's episode she gives great insights and tips for jr. practitioners, LLM students and those actively practicing in the commercial arbitration space.  We also talk about the importance of diversity at a time where there are on-going role of DEI initiatives across the professional landscape.  Its a great conversation that I think you'll enjoy!   ARBBalance Event on Imposter Syndrome: Register here or via the QR Code on the flyer: https://lnkd.in/dGbPk9KF   ARB-Tech: https://www.arbtech.io/podcast  Time Stamps:   Opening Notes - :36 Interview Begins - 2:00 Personal Interest - 49:01 Closing Notes - 1:08:35   Books: @ 54:50 Alexander Hamilton by Ron Chernow  En Agosto Now Vemos by Gabriel García Márquez Music: @ 57:35 Panamanian Music Classical Music Fleetwood Mac Beyonce   Follow us on LinkedIn: https://www.linkedin.com/company/40833847/admin/   Check out our website: TalesOfTheTribunal.com   For Feedback, comments or submissions contact TalesOfTheTribunal@Gmail.com None of the views shared today or any episode of Tales of the Tribunal is presented as legal advice nor advice of any kind.  No compensation was provided to any organization or party for their inclusion on the show nor do any of the statements made represent any particular organization, legal position or view point.  All interviewees or organizations included appear on an arms-length basis and their appearance should not be construed as any bias or preferred affiliation with the host or host's employer.  All rights reserved.

Join us on the Business Elevation Show for an enlightening conversation with Jane Gunn, renowned as “The Barefoot Mediator.” A distinguished figure in conflict resolution, Jane brings her expertise as a trained mediator, facilitator, and the Past President of the Chartered Institute of Arbitrators. Recognised in Who's Who Mediation and the Legal 500 Hall of Fame, her insights offer invaluable guidance for managing conflict in challenging times. Our discussion will delve into the intricacies of conflict resolution, particularly in periods of change, challenge, and crisis. Drawing upon her experiences from speaking at prestigious venues like the United Nations and The White House, and her work with a diverse range of organizations including Cable & Wireless, Capita, NHS, and McLaren Racing, Jane will share strategies that leaders and teams can employ to navigate and resolve conflicts effectively. We will also explore insights from her popular books, including “How To Beat Bedlam In The Boardroom And Boredom In The Bedroom,” “The Authority Guide To Conflict Resolution,” and her latest work, “The Mole & The Mountain” (December 2023). Listen in as we discuss how to turn conflict into collaboration and challenge into opportunity, ensuring resilience and growth in the face of adversity.

In 1984, Kris Thorsness brought home gold in the U.S. women's 8+ from the Olympic Games Los Angeles. Home was Alaska, where she was welcomed with a parade and the distinction of being the first Alaskan to win an Olympic medal. Today she says she's “just a masters rower,” but 40 years after that gold medal Olympic performance, she's also a USRowing Referee and is an Arbitrator for the Court of Arbitration for Sport and the U.S. and Paralympic Committee. Before she heads off to Paris for the 2024 Olympics in her role as an Arbitrator, we talk with Kris about refereeing, which is often glossed over by rowers but is key to ensuring regattas are safe and effectively run, with a focus on sportsmanship. QUICK LOOK 00:00 - Welcome and Episode lead-In  01:34 - The Huddle 03:00 - Rowing Week 04:55 - The Hot Seat Q&A 06:30 - Favorite part of refereeing: the chase boat 08:57 - Favorite place to referee 09:40 - Challenges of referees and a lack of funding isn't helping with bringing new refs down the pipeline 16:59 - Rowing Origin: walking on at the University of Wisconsin (Go Badgers!) 20:04 - Grit, coming back from behind, and being eager to go into the pain cave 23:36 - Accepting the pain and getting gold at the 1984 Olympic Games L.A. 26:04 - Advice for rowers aspiring towards the Olympics 30:44 - A pair of tan pants and a blue Oxford shirt got Kris started as a referee 31:55 - The process of becoming a USRowing referee 35:35 - What you need to understand about race officials 36:11 - Sassing the referees 38:30 - As an arbitrator for the Court of Arbitration for Sport, what types of cases *might* Kris handle at the Olympic Games Paris? 41:54 - Are there any doping concerns in Olympic rowing? 43:10 - As an IOC delegate, Kris has an all access pass to the events … if she has time to go 44:28 - Making the pitch to new potential referees 46:37 - SSN Events & Announcements . To see photos of Kris Thorsness, and get links to the people, clubs, and events mentioned in this episode, check out the show notes on our website. . This episode was made possible in part by Live2Row Studios, Breakwater Realty, RowSource, and our Patrons. . Steady State Podcast is written, produced, hosted, and edited by Rachel Freedman and Tara Morgan. Tara provides additional audio engineering and is our sponsor coordinator. Rachel manages the website, social media, and e-newsletter. Our theme music is by Jonas Hipper.

At the end of each week, Mike Hosking takes you through the big-ticket items and lets you know what he makes of it all.    The shooting: 7/10  Because it's changed the race, possibly changed the world, put a spotlight on America and focused in on all that is wrong and right about the place.    Donald Trump: 9/10  Survived a shooting, may or may not have involved God and got another court case delayed while getting his party's nomination. So a pretty good week then.    Joe Biden: 3/10  This time last week he held a press conference to reassure everyone, except he ended up doing the opposite, then went and got Covid while his party panics and passes open letters around the place.    Arbitrators: 7/10  Say whatever you want about the police pay decision, but it's a hell of a lot better than a year's worth of back and forward going nowhere, isn't it?    The King and Queen: 4/10  Not coming. Booo.    Our motor racers: 8/10  Liam Lawson in RB20 testing, Scott McLaughlin winning in Indy and the first time on an oval, plus Mitch Evans and Nick Cassidy looking to win the Formula E title this weekend. That's a lot of talent in a big world from a small country.    LISTEN ABOVE FOR MIKE HOSKING'S FULL WEEK IN REVIEW See omnystudio.com/listener for privacy information.

Police will be getting a $1500 lump sum payment, a flat $5000 pay increase plus another four percent increase in July and again in 2025. There will also be a 5.25% increase in allowances backdated to November. The Police Association said it is disappointed with the ruling, which means they've fallen behind nurses and teachers, and it doesn't fully reflect the cost of living. Police Minister Mark Mitchell speaks to Susana Lei'ataua.

Welcome to Insurance Covered, the podcast that covers everything insurance. In this episode Peter is joined by Jonathan Wood, President of the Chartered Institute of Arbitrators and fellow RPC lawyer. In this episode they discuss arbitration with a particular focus on insurance disputes. In this episode we cover:What arbitration is and why it is usedArbitration vs litigationWhat types of dispute lend themselves to arbitrationThe benefits of choosing arbitration for a) The insurer and b) the insuredDevelopments in arbitration in the coming yearsWe hope you enjoyed this episode, if you did please subscribe to be notified when new episodes release. Hosted on Acast. See acast.com/privacy for more information.

  Dr. Dorothee Scrhamm, Arbitrator   Giving people platforms is what we're all about here at Tales of the Tribunal, which is exactly the reason we were excited to give a platform to someone who is giving others a platform.  Dr. Dorothee Schramm is one of the co-founders of The The Global Tribunal Secretary Platform, a new initiative meant to give greater transparency and exposure to the tribunal secretary platform.  She is also a active independent arbitrator and is active in commercial and technology spaces across the globe.  We caught up during the ICCA Congress for a fun and candid conversation.  Check it out! Dorothee Schramm Arbitrator Website: https://swissarbitrator.com/    The Tribunal Secretary Platform: https://jusconnect.com/en/tribunalsecretaryplatform    Time Stamps:   Opening Notes - :40 Interview Begins - 2:46 Personal Interest - 39:05 Closing Notes - 51:40   Books: @ 43:40 First Man in Rome by Colleen McCullough  The All Souls Trilogy by Deborah Harkness Music: @ 44:40 Radio Paradise Shearwater Nada Surf   Follow us on LinkedIn: https://www.linkedin.com/company/40833847/admin/   Check out our website: TalesOfTheTribunal.com   For Feedback, comments or submissions contact TalesOfTheTribunal@Gmail.com None of the views shared today or any episode of Tales of the Tribunal is presented as legal advice nor advice of any kind.  No compensation was provided to any organization or party for their inclusion on the show nor do any of the statements made represent any particular organization, legal position or view point.  All interviewees or organizations included appear on an arms-length basis and their appearance should not be construed as any bias or preferred affiliation with the host or host's employer.  All rights reserved.

Kevin Kim, Peter & Kim   Each week on ToT we talk to people who have worked as counsel, arbitrators, founded law firms and become figures in both their local and international communities.  This week, we talk with someone who has done all of the above throughout his career.  Kevin Kim is one of the founding parters of Peter & Kim, a storied career law firm with experience working and representing parties around the globe and now regularly serves as arbitrator on international and commercial matters. He has a great sense of humor and has a story that uniquely displays his experience on the international and in the Korean communities. Peter & Kim Website:  https://peterandkim.com/team/kevin-kim/ Time Stamps:   Opening Notes - :40 Interview Begins - 2:57 Personal Interest - 43:09 Closing Notes - 1:20:23   Books: @48:25 Blink: The Power of Thinking Without Thinking by Malcom Gladwell Music: @50:50 Classic Opera    Follow us on LinkedIn: https://www.linkedin.com/company/40833847/admin/   Check out our website: TalesOfTheTribunal.com   For Feedback, comments or submissions contact TalesOfTheTribunal@Gmail.com None of the views shared today or any episode of Tales of the Tribunal is presented as legal advice nor advice of any kind.  No compensation was provided to any organization or party for their inclusion on the show nor do any of the statements made represent any particular organization, legal position or view point.  All interviewees or organizations included appear on an arms-length basis and their appearance should not be construed as any bias or preferred affiliation with the host or host's employer.  All rights reserved.

Send us a Text Message.ADDING PERSPECTIVE WITH JOSH EP. # 12  SEASON 8WANT TO GET YOUR START WITH PODCASTING? DON'T KNOW HOW TO GET STARTED. WELL LET BUZZSPOUT HELP YOU START YOUR PODCASTING JOURNEY. CLICK THE LINK BELOW TO GET STARTED TODAY!!https://www.buzzsprout.com/?referrer_id=1795325FOLLOW US ON LINKS BELOW:NEW Links:https://www.facebook.com/addingperspectivewithjoshhttps://www.instagram.com/addingperspectivewithjoshhttps://www.twitter.com/AddingJoshhttps://www.youtube.com/channel/UCpl_PlNkmUgUIp_DRlcXssAhttps://www.jdwilliamscoachingandconsulting.comCoach Nrgy:Website: https:// coachnrgy.comYouTube: http://bit.ly/youtubecoachnrgyPodcast: http://bit.ly/thesingleparentsnetworkpodcastInstagram: https://bit.ly/coachnrgyigCurrent service offer:Time Management Course for Single Parentshttps://bit.ly/singleparentstimemanagementBio:Known as The Single Parents' Coach, Nrgy (pronounced energy) helps single fathers and single mothers with practical solutions to effect change within their personal and/or professional lives.Being a multi-business owner and Entrepreneur herself, she also helps transitioning high achievers to discover their passion and purpose in life. As a Certified Life and Relationship Coach, Speaker, and Court Registered Mediator & Arbitrator, Nrgy is walking in her purpose and actively fulfilling the assignment on her life.Follow Aphrodite on Social Media:https://www.facebook.com/aphroditechayil.hendersonFollow me on Instagram! Username: f.a.tgirlzchronicleshttps://www.instagram.com/f.a.tgirlzchronicles?r=nameEXECUTIVE PRODUCER: EDWYNE JONEShttps://addingperspectivewithjosh.buzzsprout.comFOLLOW US ON LINKS BELOW:NEW Links:https://www.youtube.com/channe FOLLOW US ON LINKS BELOW:NEW Links:https://www.youtube.com/channel/UCpl_PlNkmUgUIp_DRlcXssAhttps://www.jdwilliamscoachingandconsulting.comVISIT OUR WEBSITE AND GET YOUR FREE PHONE OR VIDEO CONSULTATION TODAY!! WANT TO GET YOUR START WITH PODCASTING? DON'T KNOW HOW TO GET STARTED. WELL LET BUZZSPOUT HELP YOU START YOUR PODCASTING JOURNEY. CLICK THE LINK BELOW TO GET STARTED TODAY!!https://www.buzzsprout.com/?referrer_id=1795325 Support the Show.https://addingperspectivewithjosh.buzzsprout.com

Send us a Text Message.ADDING PERSPECTIVE WITH JOSH EP. # 11  SEASON 8WANT TO GET YOUR START WITH PODCASTING? DON'T KNOW HOW TO GET STARTED. WELL LET BUZZSPOUT HELP YOU START YOUR PODCASTING JOURNEY. CLICK THE LINK BELOW TO GET STARTED TODAY!!https://www.buzzsprout.com/?referrer_id=1795325FOLLOW US ON LINKS BELOW:NEW Links:https://www.facebook.com/addingperspectivewithjoshhttps://www.instagram.com/addingperspectivewithjoshhttps://www.twitter.com/AddingJoshhttps://www.youtube.com/channel/UCpl_PlNkmUgUIp_DRlcXssAhttps://www.jdwilliamscoachingandconsulting.comCoach Nrgy:Website: https:// coachnrgy.comYouTube: http://bit.ly/youtubecoachnrgyPodcast: http://bit.ly/thesingleparentsnetworkpodcastInstagram: https://bit.ly/coachnrgyigCurrent service offer:Time Management Course for Single Parentshttps://bit.ly/singleparentstimemanagementBio:Known as The Single Parents' Coach, Nrgy (pronounced energy) helps single fathers and single mothers with practical solutions to effect change within their personal and/or professional lives.Being a multi-business owner and Entrepreneur herself, she also helps transitioning high achievers to discover their passion and purpose in life. As a Certified Life and Relationship Coach, Speaker, and Court Registered Mediator & Arbitrator, Nrgy is walking in her purpose and actively fulfilling the assignment on her life.Follow Aphrodite on Social Media:https://www.facebook.com/aphroditechayil.hendersonFollow me on Instagram! Username: f.a.tgirlzchronicleshttps://www.instagram.com/f.a.tgirlzchronicles?r=nameEXECUTIVE PRODUCER: EDWYNE JONESFOLLOW US ON LINKS BELOW:NEW Links:https://www.youtube.com/channel/UCpl_PlNkmUgUIp_DRlcXssAhttps://www.jdwilliamscoachingandconsulting.comVISIT OUR WEBSITE AND GET YOUR FREE PHONE OR VIDEO CONSULTATION TODAY!!WANT TO GET YOUR START WITH PODCASTING? DON'T KNOW HOW TO GET STARTED. WELL LET BUZZSPOUT HELP YOU START YOUR PODCASTING JOURNEY. CLICK THE LINK BELOW TO GET STARTED TODAY!!https://www.buzzsprout.com/?referrer_id=1795325 Support the Show.https://addingperspectivewithjosh.buzzsprout.com

Originally broadcast: Friday, July 21, 2023ESG #15: Treaties and international tribunals interpreting and applying those treaties can impact how governments behave and how companies invest, bringing about concrete effects in the real world. Today, international courts are being summoned to answer questions about responsibility and liability for climate change impacts under international law. In December 2022, the Commission of Small Island States on Climate Change and International Law asked the International Tribunal for the Law of the Sea for an advisory opinion. In March 2023, the UN General Assembly asked the ICJ for an advisory opinion on state responsibilities to mitigate climate change. The decisions of these panels could have far-reaching effects, influencing climate change litigation in regional tribunals and national courts. They will shape and maybe accelerate global initiatives to reduce greenhouse gas emissions, to adapt to climate change, and to compensate for losses and damages. In this newest episode, Milbank partner Viren Mascarenhas speaks with host Allan Marks about what's at stake in international climate change litigation. They discuss the potential impact of international climate change litigation decisions on economic policies and environmental laws, and explore the complex interrelationships among international courts, multilateral treaties and bilateral investment treaties. About the Speakers Viren Mascarenhas is a partner in Milbank's NY office and a member of the firm's Litigation & Arbitration Group. He specializes in international arbitration, public international law, and business and human rights. He has nearly two decades of experience acting as counsel in domestic and international arbitration proceedings under the major institutional arbitral rules as well as ad hoc arbitral rules in a broad range of industries, including chemicals, energy (LNG, oil, nuclear, electricity, power, renewables), and mining and metals. He teaches international arbitration at Columbia Law School, is a Fellow of the Chartered Institute of Arbitrators, sits as arbitrator, and has been recognized for his accomplishments in the field by the major directories, including Chambers and Legal 500. Podcast host Allan Marks is one of the world's leading project finance lawyers. He advises developers, investors, lenders, and underwriters around the world in the development and financing of complex energy and infrastructure projects, as well as related acquisitions, restructurings and capital markets transactions. Many of his transactions relate to ESG and sustainability, innovative clean technologies, and sophisticated contractual risk allocation.For more information and insights, follow us on social media and podcast platforms, including Apple, Spotify, Amazon Music, iHeart, Google and Audible.Disclaimer

Send us a Text Message.ADDING PERSPECTIVE WITH JOSH EP. # 10  SEASON 8WANT TO GET YOUR START WITH PODCASTING? DON'T KNOW HOW TO GET STARTED. WELL LET BUZZSPOUT HELP YOU START YOUR PODCASTING JOURNEY. CLICK THE LINK BELOW TO GET STARTED TODAY!!https://www.buzzsprout.com/?referrer_id=1795325FOLLOW US ON LINKS BELOW:NEW Links:https://www.facebook.com/addingperspectivewithjoshhttps://www.instagram.com/addingperspectivewithjoshhttps://www.twitter.com/AddingJoshhttps://www.youtube.com/channel/UCpl_PlNkmUgUIp_DRlcXssAhttps://www.jdwilliamscoachingandconsulting.comCoach Nrgy:Website: https:// coachnrgy.comYouTube: http://bit.ly/youtubecoachnrgyPodcast: http://bit.ly/thesingleparentsnetworkpodcastInstagram: https://bit.ly/coachnrgyigCurrent service offer:Time Management Course for Single Parentshttps://bit.ly/singleparentstimemanagementBio:Known as The Single Parents' Coach, Nrgy (pronounced energy) helps single fathers and single mothers with practical solutions to effect change within their personal and/or professional lives.Being a multi-business owner and Entrepreneur herself, she also helps transitioning high achievers to discover their passion and purpose in life. As a Certified Life and Relationship Coach, Speaker, and Court Registered Mediator & Arbitrator, Nrgy is walking in her purpose and actively fulfilling the assignment on her life.Follow Aphrodite on Social Media:https://www.facebook.com/aphroditechayil.hendersonFollow me on Instagram! Username: f.a.tgirlzchronicleshttps://www.instagram.com/f.a.tgirlzchronicles?r=nameEXECUTIVE PRODUCER: EDWYNE JONESFOLLOW US ON LINKS BELOW:NEW Links:https://www.youtube.com/channel/UCpl_PlNkmUgUIp_DRlcXssAhttps://www.jdwilliamscoachingandconsulting.comVISIT OUR WEBSITE AND GET YOUR FREE PHONE OR VIDEO CONSULTATION TODAY!!WANT TO GET YOUR START WITH PODCASTING? DON'T KNOW HOW TO GET STARTED. WELL LET BUZZSPOUT HELP YOU START YOUR PODCASTING JOURNEY. CLICK THE LINK BELOW TO GET STARTED TODAY!!https://www.buzzsprout.com/?referrer_id=1795325 Support the Show.https://addingperspectivewithjosh.buzzsprout.com

In this episode, Steve Fretzin and John Sciaccotta discuss:Building relationships everywhere you go. Connecting authentically and building trust in the community. The time of building relationships and expected outcomes. Breaking out of the billable hour hampster wheel. Controlling your destiny.  Key Takeaways:Get active, get involved, and maintain friendships within the legal practice. Wherever you have a relationship, give them a business card and tell them what you do. Tell them to think of you first. Make significant touches every single day - social media will allow you to do that easier than ever before. Step one is to be a great lawyer. But that's not all there is to building your own business. You will need to understand more about business and sales than law school has led you to believe. It is never too early to start learning networking, relationships, and non-verbal communication. They are the ingredients to success as a human being, as well as in your law firm.  "Life is about needs. If you can identify the need of a potential client or a referral source, and you can fulfill that need, you're going to get what you want." —  John Sciaccotta Take the BE THAT LAWYER challenge at Fretzin.com/BTLChallenge! Thank you to our Sponsors!Lawmatics: https://www.lawmatics.com/bethatlawyer/Get Staffed Up: https://getstaffedup.com/bethatlawyer/ Episode References: Start with Why Series by Simon Sinek - https://www.amazon.com/dp/B07VVJF819 About John Sciaccotta: John C. Sciaccotta has more than 37 years of trial and litigation experience advocating for clients in complex civil litigation, arbitration, mediation and business counseling matters with a special emphasis on complex civil trial and appellate cases brought in federal and state courts and tribunals throughout the United States. John represents publicly and privately held domestic and foreign business entities, business owners, lenders, employers, municipalities, government bodies and individuals in transactional matters and disputes, which include: Counseling and advocating for business entities and their owners in disputes involving Business Divorce issues, including corporate control, valuation, corporate squeeze-outs, minority oppression, dissolution actions and breaches of fiduciary duty and business tort claims. In addition, John has been appointed as a Neutral Arbitrator and Mediator for many years to resolve and arbitrate business-related disputes. He serves on the Commercial Panel of the American Arbitration Association's National Roster of Arbitrators. Connect with John Sciaccotta:  Website: https://www.agdglaw.com/LinkedIn: https://www.linkedin.com/in/john-c-sciaccotta-7472535Twitter: https://x.com/ScilawFacebook: https://facebook.com/JohncsciaccottaInstagram: https://instagram.com/jcscilaw   Connect with Steve Fretzin:LinkedIn: Steve FretzinTwitter: @stevefretzinInstagram: @fretzinsteveFacebook: Fretzin, Inc.Website: Fretzin.comEmail: Steve@Fretzin.comBook: Legal Business Development Isn't Rocket Science and more!YouTube: Steve FretzinCall Steve directly at 847-602-6911  Show notes by Podcastologist Chelsea Taylor-Sturkie Audio production by Turnkey Podcast Productions. You're the expert. Your podcast will prove it. 

Gautam Bhattacharyya welcomes arbitrator and independent practitioner, Manini Brar in this “Spotlight on…” episode. We discover what drew Manini to the law, who her greatest mentors and inspirations have been, and how she developed an interest in international arbitration. The conversation then turns to Manini's launch of Arbridge Chambers and the differing roles of counsel and arbitrator, before closing with Manini's views on achieving greater diversity, equity, and inclusion.   ----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 our latest edition is going to be another very informative and fun one, I am sure. I'm very delighted to say our guest today is Manini Brar. Hello, Manini. Manini: Hello, Gautam. Hi. Gatuam: It's great to see you again. It's wonderful to see you. The last time I saw you was in Delhi during Global Arbitration Review's Delhi Live and as part of Delhi Arbitration Weekend. And it's lovely to see you again. Thank you for agreeing to be part of this podcast. Manini: Like I said before, when we were leading up to this, this seems to be a podcast which is very popular and has a loyal following. So I'm very happy to be here. But the other is that we got along so well over that dinner over Delhi Arbitration Week that I'm seeing this as a bit of a two-way exchange where I get some insights from you as well. So that's part of my motivation. Gautam: Well, that's wonderful to hear. And I hope I won't disappoint you. I will do my best to achieve what you hope that we could achieve in the course of this podcast. And I really am over the moon that we're doing this one together. I have a lot of admiration for you, Manini, and that's why I'm so happy that we could have you on this podcast. As I always do, I'm going to give a quick introduction to you as our guest. So Manini is a dual qualified lawyer. She's qualified in India and in England and Wales. She has worked in a variety of places and gained much experience. So both in private practice... She's worked with senior advocates in India. She's worked at arbitral institutions. She's been involved as a tribunal secretary on a number of occasions. And in 2021, set up her own chambers in Delhi called Arbridge Chambers. And is not only a wonderful counsel, but is one of that rare generation, which I love to see, female arbitrators of ethnic origin. And I make no bones about it I love that so that's a quick introduction to you Manini I hope I've done you justice in that introduction I could never do you justice because I need to take 10 or 15 minutes to go through all your wonderful accolades but I hope that's uh at at least a good summary for our listeners. Manini: No no this is great because when I hear it back it sounds you know so much better than when one has lived it. Gautam: Well, I can assure you, you've achieved a lot. And in the course of this podcast, we are going to explore, I hope, a fair bit of the things that I mentioned. And I mean, I guess a really appropriate way to start this is what inspired you to the law in the first place? Manini: So just a bit of background, I was in an all-girls school where I was the head of the debating society. So I loved to debate and I really thought I was going to get into an area which involved more public service. And what I had in mind at the time was journalism. And my father looked at me when I told him that and said, that's all right. But if you're expecting me to fund your professional journey through journalism. Gautam: That's a good leveler, right? That's a good leveler. Manini: So I said, okay, what is it that I can do where I will be immediately qualified to help the larger public good? And for me, it was an easy choice. It was becoming a lawyer. And then I got to law school and within a month of being there I knew that this is something that I wanted to do and I've never looked back. Gatuam: Now that's great and you know I suppose in many ways lawyers are in some part journalists right because we tell stories right so I dare say that in the context of your legal career you have also borne out your journalism dreams I'm sure you have. You know, one of the things that we all benefit from in the course of our careers are wonderful people who mentor and inspire us. And I know that I've got a number of people who've held those roles for me. And I'd be really interested, and I know our listeners would be, if you could just share with us some of those people who've been your greatest mentors and inspirations in your career so far. Manini: You know, I have a slightly different experience with finding a mentor only because I don't belong to a legal family and I have actually no one in my family is a lawyer and we're not even remotely connected to business. My dad was a cop. He was an IPS officer in India. So I sort of went through this journey a bit on my own. And as much as I would have loved to have one particular person who I could have, you know, tugged along with and had the benefit of the experience, that is something that I never, a point that I never really got to. But what did happen for me is that. Almost all the people that I worked with were very high level professionals. And not only the seniors that I worked with, but also my colleagues. And so I've had the good fortune of really meeting inspiring people who have set the bar very high in terms of what is expected of a lawyer and what is the kind of professional etiquette that you should have. And that is something that I have taken with me from different people at different points of time in different ways and sort of held on to. So the seniors that I worked with at the bar, some of the lawyers, some of the colleagues that I've worked with, they've been very helpful. But for me, I think the most inspiring thing has been a bunch of people who didn't know me, who had no relationship with me, who had not mentored me, not helped me, not been in touch with me professionally, but who found me out to help a total stranger. So my professional journey is one which is full of these amazing instances of... Goodwill of generosity from total strangers and that I find is something that I would really like to give back in future and I try to every day. You know I try and I try and seek out the people who I think are meritorious and I try and sort of take them along if they need any help or if there's any way that I can help them I try and do that because I know that there have been so many people who have done that for me. Gautam: You know, that in itself is really inspiring and uplifting to me, Manini. I must tell you, you know, and I'm going to just spend a few seconds because you did say to me, and I'm not one to turn down a request from you, that you wanted to hear a little bit of my thoughts. And, you know, so one thing I love is you're also first generation, I'm first generation. There was no one I could turn to. No one gave me a leg up. No one gave me any favors or anything on a plate. And I had to discover the law for myself and everything. So, I mean, I know that your family has always been a great inspiration to you. My family, of course, has been a great inspiration to me and continues to be. But also, I think professionally, it's very interesting. There have been some people along my career that I've known for the last, you know, I am older than you, over the many, many years that I've I've been doing all of this, but you know, there are some people who I look back on and who, I mean, there was, it's some people who I didn't even meet who inspired me. And I think I want to dwell on that for a few seconds, because I remember when I was very junior, there was a, someone called Shashi Rajani, who at that time, and I've never met Shashi, but he, when I began in 1991 in a law firm, he was already a senior partner in a city law firm in London. And that was a really peculiar thing, right? To see someone like that, of that age, of that level of experience at that time was really something. And that inspired me to want to be like him. The other person who inspired me at that time in 1991 is I heard of a certain person who became a very, very dear friend of mine and a great mentor of mine. And who unfortunately we lost in February of this year, Fali Nariman. I didn't meet Fali until a lot later, but I came to know of him through reading about him back in the early 90s. And I thought to myself, I really want to be like him. So it's really interesting. And I won't dwell on other people because we haven't got time, but there are so many people I owe a huge debt of gratitude to. But it's those people who I I heard about, I read about in the early stages of my career, who really gave me the drive to try to be something. And I'll always be grateful to all of them. And Uncle Fali remains, even though he's now left us, a huge inspiration to me. Manini: Can I just add to that, that, you know, one of the first things I did when I enrolled at the bar in 2010 was I went to court number one, which is the chief's court in the Supreme Court. And I sat there during the lunch recess just to sort of take it all in and you know there were these big so they have these portraits of all the chief justices and then and then of one particular judge who had done the country a great favor during the emergency and I was sitting there and I was looking at their portraits and feeling very inspired and then lunch recess got over and the first matter that came up was one where Fali was arguing. So we have that in common. I have been thoroughly inspired by him. And then I bought his book and I got someone to help me get his autograph on it. And so I read Before Memory Fades and it's one of the most influential things in my life. Gautam: Oh, I agree. That book, I've got a signed copy myself of that book. And it still inspires me just to read some of those stories, anecdotes and stuff so no no it's wonderful well no I mean and I say it's nice to know that and I probably wouldn't have found that out but for this podcast with you so that's a really nice thing. So now one of the things that you've done really well is you you've gained a lot of experience in the field of arbitration. As a practitioner, as a tribunal secretary, with institutions, and now as a practitioner and arbitrator. But how did you first discover arbitration? Or how did arbitration discover you? Manini: So I joined a litigating lawyers chamber back in 2011, about 13 years ago. It was one of the beginning, starting years of my practice. And I thought that I was going to go to court every day. But in about the third week of my being there, these three very thick binders landed on my table. And there were three different arbitrations regarding very complex hydropower project. And so for the one, one and a half years that I was associated with that chamber, I worked only on that matter. And then I said, okay, this is something that I enjoy because I really feel that as compared to court litigation, a lot visibly happens in an arbitration over good, careful drafting, over good structured arguments. And it is, shall I use the word, but a very equitable way of resolving disputes. So I was attracted to that. And then I decided to study further and do my master's in Cambridge, where I studied dispute resolution in particular. And from then on, there was no looking back. I worked as a research assistant with one of my professors, and he was kind enough to recommend me to the ICC. And I think that was when I absolutely fell in love with the practice all over again. Because one thing that the ICC taught me, and you've referred to my various experiences, is that you have to absolutely know the process and what is market best practice before you feel confident enough to start giving your opinion about it or to start using that as a legal skill or to use that to advise other people. So I think the repetition of the tasks that we had to do every day at the ICC is really where I learned that. So I said, before I start my own practice, I need to know what this whole scene is about the litigating lawyer who's doing arbitration, about the arbitration chambers that are only doing the arbitration hearings but not appearing in court, about the involvement of the government. Because a lot of arbitration in India is government facing. It's either government contracts or it has one element involving a government tender. And so I made it my mission to sort of get a perspective on everything before I felt like I was confident enough to, you know, branch out on my own. Gautam: Well, well, fabulous. And that's a perfect segue to asking you about branching out on your own, because I mentioned mine in the introduction. That you are the founder of Arbridge Chambers in Delhi. And you founded that chambers in 2021. And so just tell us a little bit about, what drove you to set up your own chambers? And, you know, tell us a little bit about Arbridge Chambers in terms of your team, and the sorts of work that you're currently involved in, of course, no names, of course, because we all respect confidentiality, but the sorts of things that you and your team are doing. Manini: So Arbridge Chambers happened because, like I said, I always wanted to get into independent practice and have a setup of my own. And the constant struggle for me was, of course, one was being sure that I know everything that I need to know, that I have the skill and the wherewithal. But the other was also that every time I spoke to someone about setting up an independent arbitration practice, they said, well, why don't you do it in a firm? You know, because firms have larger teams, they're dealing with bigger projects, and it will be easier for you to do more meaty arbitrations. And I thought that in India in particular, the firm setup inevitably involves engaging a separate council for the court-facing part of the arbitration. Most often than not, although now that is changing, but that was the setup then. And I said, I don't want to be in that system where I have to choose between which part of the arbitration I'm involved in. And so that wasn't working for me and the other thing that people said a lot was that you know you're going to be a small fish in a really big pool and I looked around myself and there were so many practitioners who were male who had their own independent practices and were identifying as arbitration practitioners and I just wondered why is it that there are no women doing this. So for me, I said, let's see, you know, that was my thought process that if it doesn't work in, say, three years or five years, I will go back and I'll do something else. But if it does work, then great kudos for us. And so I set up a chamber where the people who work for me also see themselves as independent advocates. So we work together on matters that, for example, are mine. But I also encourage them to take on independent work. And the idea is very much like a chamber for everybody to eventually develop into their own practitioner. When I started I must tell you I started in the January or January of 2021 and that is the month that I found out that I was pregnant with my first child. So I left and I thought that no I'm going to focus on client facing business development and I have so much work to do and about 15 days after I made this announcement that i'm starting in my chamber, I found out I was pregnant. And then I just kept thinking for another couple of months, how I'm going to do it. And, you know, how is this thing going to come about? And one day I was walking very furiously on my evening walk, thinking of all this and thinking, maybe this is a really bad time. Maybe I should park it for another three years. And I got a call from the Delhi High Court, from a judge who said, I have read some of your published articles on arbitration and I have a really small arbitration that I'm looking for an arbitrator for and would you be interested and this is you know one of those people who who has no connection with me I spoke earlier about the generosity of strangers and that's how I started my practice he gave me two matters one one was the small arbitration another one was a batch matter which had 18 connected arbitrations. And that actually sustained me through those initial phases of my practice. Gautam: Now, that's a great story. That really is. I mean, you know, there's so much in there, which I love. First of all, you had the courage and the desire to set up your own chambers and your own practice. Number two, you weren't put off by people saying that you'd be a small fish in a big pond. I love that. Number three, you said that there were lots of men in their own chamber, so why shouldn't there be a woman? I love that. And I love also, amongst other things, that point you just made about a stranger to you, a judge who rang you up and said, look, I've read your publications, which just shows it's really worthwhile to all the younger lawyers listening on this podcast. You can never start publishing too early. Always love the law, love the practice, write about it, add to knowledge. That's really important. Now, the fact that you did that, Manini, led to that lovely circumstance that you got these matters and then that helped you. And it's just, no, there's a lot in there that's very inspirational. And, you know, well, look, thank goodness you didn't get put off and you've certainly made a great success. So, you know, as I know, our listeners will, of course, know from you and everything you stand for. So, no, that's really interesting. And also the point that you mentioned about how you love to see colleagues of yours branch out themselves. I think that's another thing. I mean, again, I'm going to use your request to me to say a little bit about my perspective to what you say. I think that's so important. You see, you have to want people who work with you, not just to equal you, but to surpass you, right? And there's no point looking to help people and benefit people and mentor people, inspire people, if you don't want them to do really, really, really well. And so I love that message from you, Manini, there. You covered a lot of ground in that last answer, and I loved it. So then, now that you're a counsel and an arbitrator, I wanted to get your perspectives on, you know, what are the key skills that you think an arbitrator really absolutely has to have? Manini: You know, so this journey of trying to be both and wear both hats is actually a very challenging one. And I have immense respect for people who have done it before me and done it so well. Because when you're practicing in India, especially, for example, in a high court like the Delhi High Court, which has very high stakes and it's one of the most highly regarded courts in the country, you'd– on on an everyday basis you have about 50 to 60 matters listed before a particular judge so you have about three minutes to make your point and you have to do it in spite of the other lawyer sort of also trying very desperately to make his point so the entire skill involved is is to be quick, to be to the point, and to get the relief that you want loudly and quickly. And when you're being an arbitrator, the thing that you have to do is park that argumentative side of your personality completely and stop judging the matter for its merits, before they are presented to you. That essence of being a neutral, of not having an opinion about either the people who are appearing before you or the case the merits of the case that they may have without actually looking at their pleadings and and keeping a balanced view is really the the core of what you're expected to do and it is drastically different from how you think as a counsel so I think for me that is the most important thing. I don't try and go behind the party's intentions when I'm wearing the arbitrator hat. I don't try and go behind, well, why are they putting this counsel forward to argue or why did he time his application in this particular way? I don't get into that unless it is argued before me. So that's what I try and do. And I think that has worked for me so far. And it has helped me to resolve disputes efficiently because we don't get caught up in the rigmarole that a lot of, I think, other people sometimes get stuck with. Gautam: Yeah, no, I'm again, I couldn't agree more. And I think you're so right. It's just that approach. You know, when we were at GAR in Delhi together last month, you would have met, I hope you would have met Sadaf Habib, who was one of the other panelists on another panel that you weren't on at GAR. And one of the things that she mentioned about her experience as an arbitrator was about having empathy and trying to be balanced in the approach that you give and feeling, as always, that each side has the ability to feel that, you know, okay, they might have won, they may have lost, but they've been fairly heard, that they've been respectfully heard, and they've been empathetically heard. And I think that's a really important point which you've touched on there. And I think that's such an, that really, I think that's one, from my perspective, I think that's one of the things that differentiates arbitrators, because people do know who the very decent ones are in terms of character, personality, and their traits. Now, one thing I want to ask you about, Manini, is you and I both know that there are happily many more women like you coming through as arbitrators, but there aren't enough of them, right? And I think we can agree on that. There are not enough. And I know that you're also a massive champion of diversity, equality and inclusion and the advancement of women. And we, of course, I mean, I have the privilege of sitting with you on the advisory board of Indian Women in International Arbitration. And we both share that passion for the advancement of women. But in terms of. From your perspective, what more can the community do to ensure that more women get those opportunities, more women get appointments as arbitrators, more women get the recognition they deserve? What more can we do? Manini: I think this conversation has to start somewhere from recognizing the multiple roles that women play in society and recognizing that success is not a unidimensional thing. It's not really about making it to the 40 under 40 list or having your name up on Chambers and Partners when when your male colleagues are also there because you take time out as a woman you take time out to have a family you take time out to you know set up your marriage and you make decisions around those life choices so i think one of the things that absolutely needs to happen is the conversation needs to shift towards gender inclusivity in the sense of really understanding that the two genders perform very different roles in society and factoring that in when you measure success. For example, I have not set myself up for these unreasonable standards of, for example, being a senior counsel in the Delhi High Court by the age of 42. It's simply not something that I aspire towards, because I know that there are other facets to my life that I also want to take care of. And towards that, towards gender inclusivity, I think. Judges who are appointing arbitrators, institutions who are appointing arbitrators, parties who are appointing arbitrators, have to recognize that simply because a woman is not visible at every networking event or at every panel discussion doesn't mean that she's not capable or not interested. It's just that in a day, she has to do so many other things. And sometimes the priorities are different. On a particular day, your children need you more than work does. And so I know that there's a lot of pressure on being visible within the arbitration community. But I think there needs to be a certain amount of flexibility there. I mean, the example of the judge that I gave you before, right, he made the effort of going online to look at who were the new people, young arbitrators who were publishing or people who were talking about arbitration or were visible online, which kudos to him, he could have, you know, asked his juniors about who they met at the last conference who looked like a promising person, but he didn't, He made that extra effort and I think that is what we all need to do. As an arbitration community, we need to seek out women, because sometimes they're just held back by circumstances, and not really by a desire to, you know, hold back. Gatuam: I couldn't agree with you more. And I know, I just think that's, again, so inspirational. And, you know, people like you, that's what people, you are real role models for so many people, because you live and breathe those values and those aspirations and those beliefs. And, you know, and I know many people who listen listen to this podcast will feel that too.Now regrettably we've come to the - please is that something else you want to mention Manini? Manini: Yes I actually want to ask you Gautam that when you I know that you're you know also such a champion of diversity the fact that we're doing this podcast in some way is you know your step to put more people on the map and i want to ask you What is it that you see in the people around you as a quality that they should have to help diversity or to bring the community together? Gautam: Yeah, well, look, you know, thank you for that question. I think, you know, I just think that people need to be generous in their outlook. And I use that word because I think generosity is something that's very important. I think as people get more senior, more experienced, they owe it. A bit like you said earlier on in this podcast about giving back. We need to ensure that we leave our arbitration community, our legal community, our litigation community, our legal community a better place than when we arrived in it. Because one of the sayings that I remember reading many years ago was, the legal profession graces us. Lawyers don't grace the legal profession. And I think it's very important you look at it in that way, that you need to ensure that people get opportunities, not least because not everyone comes from a privileged background. Not everyone comes from the best schools, the best universities. Some people haven't got the best general knowledge, whatever you want to say. Some people haven't traveled as much as other people. But there's a real diversity in that. Some of the best people I've ever met and I've ever worked with. Are people who are unconventional, who aren't from a straight line, this background, that background. And I think that's when you've got to say a bit like you yourself said, and I'm going to steal one of your lines here, when you see good and you seek out people, because some people will actively come to you for mentorship and for help. But many people won't do that because they're not sure, they're afraid, you know, they're a bit uncertain about it. Make it easy for them, be generous and reach out to people and make sure that you leave the legal atmosphere that you've joined a much better place when you leave it. So that's what I would say. And I try to do that in the best way that I can. I'm not perfect by any means, but that's what I try to do. Manini: Inspiring. Thank you for that. That's a good tip. I'm taking it back, generosity. Gautam: No, thank you for asking me. And just so everyone knows on this podcast, these questions, which Manini are asking me are completely unscripted and I had no idea but I'm but I'm grateful to you for asking that to me. So we have regrettably come to the end of our podcast I could talk to you for hours Manini because there's so much we could talk about and and the dinner that we sat in together in Delhi last month as you yourself kindly said was a really really nice nice occasion. And I honestly could have spent hours just talking to you on many things. But we always end these podcasts with a bit of fun. And this podcast is no exception. So I want to ask you, what's your favorite sort of music? Have you got a favorite singer, a favorite group? So tell us about that. Manini: You know, these days, I've been spending a lot of time in my village in Punjab because of my kids. I like to take them there as much as I can because it's open and it's green. So I'm immensely immersed in Punjabi music. And these days, my favorite is Ali Sethi, who's a Pakistani singer. He's done some fantastic things in the past couple of years, and he's been to Coachella, and he's, you know, basically rocked the Punjabi music world. So I love that. Yeah, that's what I'm living by. Gautam: I love all that stuff. I mean, I yeah, yeah, no, know and you know I yeah I love that you know it's great to have that because it is great music someone who's played at Coachella has to be pretty cool as well just so everyone knows and the last quick question to you have you got a favorite travel place where you like to go with your husband and your children? Manini: It's actually London, London is my favorite. So yeah i think i think we have a lot in common more than more than the law beyond the law I love being in London because my sister is there and I love to shop and it's my shopping, and the other is home, Punjab. If I can get away from Delhi, it's either London or Punjab. These are my two options. Gautam: Well, dare I say, you know, one of the things I remember my dad saying many years ago is how proud he was that the rivers of Bengal ran so deep in his veins. And I dare say you would also say that you're very proud that the rivers of Punjab run deep in your veins. So, well, look, So it's been an absolute delight to do this podcast with you, Manini. Thank you very much for doing it. I've genuinely enjoyed it. I've been uplifted, inspired by you. I just think that our listeners will absolutely love hearing your perspectives and the enthusiasm and the drive that you bring to so many things. And I just want to end by saying, you know, very well done for everything you've achieved so far, and I wish you all continued success. So thank you again, Manini. Manini: Thank you so much. Thank you, Gautam, for having me. And I hope outside of this podcast, we're going to continue these conversations because I'm always looking to talk about. Gautam: We will. It's a promise. Thank you. Outro: Arbitral Insights is a Reed Smith production. Our producer is Ali McCardell. For more information about Reed Smith's global international arbitration practice, email arbitralinsights@reedsmith.com. To learn about the Reed Smith Arbitration Pricing Calculator, a first-of-its-kind mobile app that forecasts the costs of arbitration around the world, search Arbitration Pricing Calculator on reedsmith.com or download for free through the Apple and Google Play app stores. You can find our podcast on Spotify, Apple, Google Play, Stitcher, reedsmith.com, and our social media accounts at Reed Smith LLP on LinkedIn, Facebook, and Twitter. Disclaimer: This podcast is provided for educational purposes. It does not constitute legal advice and is not intended to establish an attorney-client relationship, nor is it intended to suggest or establish standards of care applicable to particular lawyers in any given situation. Prior results do not guarantee a similar outcome. Any views, opinions, or comments made by any external guest speaker are not to be attributed to Reed Smith LLP or its individual lawyers. All rights reserved. Transcript is auto-generated.

He set out to write a resource book that was not sharply for one side or the other. In doing so he found one of the sides had no Biblical support. Now he is a balanced advocate for the mutualist or biblical egalitarian interpretation of the Bible. And he can explain why in detail!Andrew Bartlett is a popular speaker and author of Men and Women in Christ, Fresh light from the Biblical Texts. When He researched and wrote his boo he was not aware of the Tru316 publications by Dr. Joy Fleming. After having discovered them he is incorporating the insight that in Genesis 3:16 God took action in two ways, multiplying two things not one as many Bible versions mistranslate the Hebrew words for their readers. Go deeper? Dr. Joy Fleming's book is Man and Woman in Biblical Unity, Theology from Genesis 2-3.Andrew Bartlett's book is available from Inter Varsity Press. The Tru316 Foundation (www.Tru316.com) is the home of The Eden Podcast with Bruce C. E. Fleming where we “true” the verse of Genesis 3:16. The Tru316 Message is that “God didn't curse Eve (or Adam) or limit woman in any way.” Once Genesis 3:16 is made clear the other passages on women and men become clear too. You are encouraged to access the episodes of Seasons 1-11 of The Eden Podcast for teaching on the seven key passages on women and men. Are you a reader? We invite you to get from Amazon the four books by Bruce C. E. Fleming in The Eden Book Series (Tru316.com/trubooks). Would you like to support the work of the Tru316 Foundation? You can become a Tru Partner here: www.Tru316.com/partner

Michael's expertise spans across a broad spectrum of legal and real estate arenas, making him a beacon of knowledge for professionals and enthusiasts alike. About Michael H. Scott:Profession: Florida-based Litigation and Transactional Attorney, Real Estate and Business Broker. Certifications: Florida-certified Circuit and County Mediator, Supreme Court-qualified Arbitrator, and Florida Notary Public. Legal Expertise: Specializes in first-party property insurance litigation, workers' compensation, residential and commercial property insurance claims, breach of contract litigation, real estate transactions, business organization and transactions, and contract law. Bar Memberships: Admitted to the Florida, Massachusetts, and Connecticut Bar. Licensed to practice in Florida state courts, as well as the U.S. District Courts for the Southern, Middle, and Northern Districts of Florida. Real Estate Credentials: Licensed Florida Real Estate Broker Associate and REALTOR with Keller Williams Jupiter. Active member of the Realtors Association of the Palm Beach and Greater Fort Lauderdale Realtors. Community Involvement: Member of the Palm Beach County Bar Association and a 2023-24 fellow of the Florida Bar Leadership Academy. Linkedin - https://www.linkedin.com/in/michaelhscott1/ Fun Fact: Michael met President Barack Obama in the Oval Office while he was president. Nuance Dragon Wireless Headset - https://amzn.to/3OIjRmy Apply for Florida Real Estate License https://www.myfloridalicense.com/CheckListDetail.asp?SID=&xactCode=1010&clientCode=2501&XACT_DEFN_ID=744 Social Media Website: www.journeytoesquire.com Email: info@journeytoesquire.com LinkedIn: https://www.linkedin.com/company/dive... Facebook: https://www.facebook.com/JourneytoEsq/ YT: https://youtube.com/@journeytoesquire Twitter: @JourneytoEsq                 https://mobile.twitter.com/journeytoesq Instagram: @JourneytoEsq  https://www.instagram.com/journeytoesq/ www.journeytoesquire.com info@journeytoesquire.com @JourneytoEsquire --- Send in a voice message: https://podcasters.spotify.com/pod/show/journey-to-esquire/message Support this podcast: https://podcasters.spotify.com/pod/show/journey-to-esquire/support

Steve Benton helps older adults avoid the dangers of financial uncertainty and exploitation as an Elder Financial Safety Center Financial Coach and Counselor at The Senior Source. He specializes in complex cases, including fraud, scams and elder financial abuse.Steve has been active in the financial services industry for over forty years, including participation on industry boards, business conduct committees, and as a securities industry Arbitrator. Sponsor: www.SeniorCareAuthority.com

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.  

Nicole Iannarone, associate professor of law at Drexel University, joins the Business Scholarship Podcast to discuss her article Small Claims Securities Arbitration. As part of the interview, Iannarone discusses how listeners can become securities arbitrators in the FINRA forum. Listeners can learn more at FINRA's Become an Arbitrator page. This episode is hosted by Andrew Jennings, associate professor of law at Emory University, and was edited by Brynn Radak, a law student at Emory University.

00:00 Four-Minute Offense 7:00 I. O. S. 16:34 What Is That? 18:25 Quick D-Backs 28:44 Doug's Big One = Cardinals Issue "False and Defamatory" comments 1:03:50 Suns Show Real Urgency 1:20:40 Town Hall Tuesday 1:39:30 Angel Reese

Welcome to Guilders-Ford Radio, a Necromunda podcast broadcasting from the East Gate Docks of Hive Primus (via Guildford Games Club, Surrey, UK).In Episode 17 - 'Treasure in the Wastes', we discuss the explosive finale of our most recent campaign at Guildford Games Club, Leigh's experience as a first-time Arbitrator, and what aspiring Games Masters can do to make their own Necromunda campaigns a success.We're also joined by a very special guest, the progenitor of our #StackofWAAC - Colin Heyl of #NeverGoFullColin fame!Colin helps us dissect some of the recent community contributions to the Stack, as well as offering up his own addition; the latest iteration of the infamous ‘Monster' of House Goliath!Closing out the episode, we'll be discussing all of the recent hobby announcements, including the recent Adepticon previews and teasers - Gaz has gone deep down a caryatid hole to uncover all the conspiracies and rumours surrounding future releases for Necromunda.  We'd like to take the opportunity to thank all our listeners who have chosen to support us on Patreon & Buzzsprout.  Your contributions help us make a better show!•  Thomas Laycock • Stephen Livingston • Tyler Anderson • McGobbo • Jed Tearle • Gene Archibald • James Marsden • John Haynes • Ryan Taylor • Yuki van Elzelingen  • Dick Linehan • Rhinoxrifter • Shawn Hall  • Eric McKenzie  • Paul Shaw  • Jenifer • Drew Williams  • Greg Miller • Andy Farrell  • Nate Combrink •  Don Johnson • Michael Yule • Joe Roberts • TheRedWolf • Lukasz Jainski • Aaron Vissers • One Punch Orlock (Tom) • Matt Price • Shnubuts • Christopher Næss • Rob Harrison • Colm Kiely • Dave • Grant • Stephen Briley • Szymon Brzozowski • Angus Lee • Mykola Romaniuk • Jason Turner • Janner558 • Christian Jansch• Joe Reynolds • Xavier Lamrecht • Matt R • Andrew Gomes • Iain Torrance • Mark Southerd • Ben • HairyBob_Submariner • James Dix • Eddie Turner  If you'd like to help us then please follow the links below.Team GFR xSupport the showHelp us make better content, and download free community resources!www.patreon.com/guildersfordradioAny comments, questions or corrections? We'd love to hear from you! Join the Guilders-Ford Radio community over at;https://linktr.ee/guildersfordradiowww.instagram.com/guildersfordradiowww.facebook.com/guildersfordradioGuildersFordRadio@Gmail.com ** Musical Attribution - Socket Rocker by (Freesound - BaDoink) **

Kristi Harrington, Certified Mediator and Arbitrator with Kristi Harrington Dispute Resolution, joins Bill Kanasky, Jr., Ph.D. to discuss mediation and alternative dispute resolution in medical malpractice cases. Kristi shares her background and the help she offers clients with alternative dispute resolution and mediation. They talk about issues they encounter in medical malpractice cases and ways to get the most favorable and reasonable outcomes in mediation. Kristi and Bill also cover what to look for when hiring a mediator including someone who understands the medical field, someone who can be empathetic to both parties, and someone who is committed to the process to ensure there is an acceptable resolution for all parties. Bill and Kristi discuss the criticality of early assessment of cases with data from mock jurors to help with case preparation and not simply using prior verdicts or similar cases in that jurisdiction. Lastly, they talk about the importance of having a good presentation for the mediator and helping the mediator understand the nuances of your case which aids them in doing their job.  Watch the video of this episode: https://www.courtroomsciences.com/r/R5S

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. 

Happy International Women's Day! CIArb North America Branch is thrilled to announce the upcoming quarterly podcast mini-series Arbitration Horizons: Tales from CIArb North America, by Chris Campbell, Esq., the host of the famous podcast, “Tales of The Tribunal," in collaboration with CIArb NAB. This eagerly anticipated program is set to showcase compelling conversations with distinguished member arbitrators from CIArb across North America, including Mexico and Canada. Our very first program in this quarterly series will host an interview with Chartered Arbitrator, Maureen Beyers, Esq. On March 08, 2024 @ 1 PM EST. Nationally recognized as a top arbitrator, since 1995 Maureen has served as an arbitrator and chairperson in hundreds of arbitrations throughout the United States, involving a variety of business disputes, many of which presented complex commercial issues. Maureen is a member of several ADR organizations including the American Arbitration Association's Large and Complex Case Panel, a Fellow and Chartered Arbitrator with the Chartered Institute of Arbitrators and the International Institute for Conflict Prevention & Resolution. She is also on the roster of National Arbitration and Mediation, and a Fellow of the College of Commercial Arbitrators.  Join us as we delve into the insightful narratives and experiences of these esteemed professionals, unraveling the intricacies of arbitration in the diverse and dynamic North American region. Get ready to explore the fascinating world of arbitration with Chris Campbell at the helm!  Follow us on LinkedIn: https://www.linkedin.com/company/40833847/admin/   Check out our website: TalesOfTheTribunal.com   For Feedback, comments or submissions contact TalesOfTheTribunal@Gmail.com None of the views shared today or any episode of Disputes Digest is presented as legal advice nor advice of any kind.  No compensation was provided to any organization or party for their inclusion on the show nor do any of the statements made represent any particular organization, legal position or view point.  All interviewees or organizations included appear on an arms-length basis and their appearance should not be construed as any bias or preferred affiliation with the host or host's employer.  All rights reserved.

How does the heart of a retired judge continue to impact the legal profession through alternative means? In this thought-provoking episode of The Heart of Law, join our perceptive host, Mirena Umizaj, as she welcomes the Honorable Judge Randa Trapp to explore her inspiring transition from the San Diego Superior Court to her new role as a neutral with Judicial Arbitration and Mediation Services (JAMS). Together, they discuss the importance of diversity in the legal sector and the transformative power of victim narratives in forging a more personalized path toward justice and healing. From the disciplined decks of the U.S. Navy to the esteemed bench of the San Diego County Superior Court, Judge Randa Trapp's career epitomizes a journey of resilience, dedication, and unparalleled service. As an alumna of San Jose State University and a respected veteran of the U.S. Navy, her formative experiences laid a robust foundation for her illustrious legal career. This relentless dedication propelled her into a prestigious role as an Adjunct Professor of Law at the University of San Diego School of Law, where she spent nearly two decades mentoring the future generation of legal professionals. Subsequently, her appointment to the San Diego County Superior Court by Governor Gray Davis in 2003 marked a significant milestone in her career, as she became the third-ever African American female judge to grace the bench of the third-largest court in the United States. Following her retirement in March 2021, Judge Randa Trapp continues to influence the legal landscape through her work with JAMS, the largest private provider of alternative dispute resolution (ADR) services worldwide. As the episode unfolds, Judge Randa Trapp takes a moment to reflect on her circuitous professional journey, emphasizing that her path to the legal sector was anything but linear. Starting her adult life in the tumultuous sixties without professional role models to guide her, she embarked on her undergraduate studies with aspirations of becoming a pharmacist. However, her career trajectory underwent a significant transformation when she paused her academic pursuits to serve in the Navy, an experience she acknowledges as pivotal in shaping her personal development and igniting her passion to effect positive change in the world. Motivated by this newfound purpose, she transitioned to studying political science and eventually made her way to Georgetown University Law Center. Embracing her journey's unique twists and turns, she often shares her story to inspire young individuals contemplating a future in law, emphasizing the importance of keeping an open mind because "the law is multifaceted." As the conversation deepens, Mirena probes into Judge Randa Trapp's tenure as a judge, leading her to reflect on this period as a defining highlight of her career. She fondly recalls the tradition of starting every jury trial with a flag ceremony to instill reverence and set the tone for the justice process that lay ahead. Shifting the discussion toward diversity within the legal sector, Mirena explores Judge Randa Trapp's commitment to promoting inclusivity within African American and broader minority communities. Judge Randa Trapp elaborates on her active engagement in these communities, emphasizing its significance in enabling young children of color to envision themselves in similar roles of influence, thereby nurturing their aspirations and dreams. Furthermore, she underscores the importance of establishing a judiciary diverse in gender, sexual orientation, and ethnicity to represent the community the court intends to serve authentically. As their conversation draws to a close, Mirena delves into Judge Randa Trapp's seamless transition to JAMS, where her unwavering commitment to justice takes on a new form in the complex field of mass torts. Through her role, she offers a unique platform for victims to share their stories, often for the first time, facilitating a healing process that transcends monetary compensation. Building on this foundation, Judge Randa Trapp further highlights the essential role of mass torts in securing justice for a multitude of aggrieved individuals. She emphasizes that it takes a "special kind of lawyer" to navigate this complex area, underscoring the importance of assembling the right team to ensure that each case receives the attention and advocacy it rightfully deserves. In this vein, Judge Randa Trapp's unwavering dedication to meaningful impact, underscores a deep commitment to justice and healing, cementing her as an indispensable figure in the legal community and the individuals she serves.

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 listas institucionales, la disponibilidad de árbitros de emergencia y el cálculo de honorarios, entre otros temas de gran interés para la comunidad arbitral. Daniel Ávila, asociado de Reed Smith y coautor de esta guía, fue de hecho que tuvo la iniciativa e idea de encontrar un espacio para enfocar la conversación en una de las conclusiones más importantes de la guía. Tendremos que buscar otros espacios para seguir comentando esta gran publicación, pero por ahora quisiera empezar preguntándole a Elina cuál fue la metodología que usaron para llegar a las conclusiones de esta guía.  Elina: Muchas gracias, Isabella. Muchas gracias por la presentación. Excelente pronunciación de mi apellido. Tengo que aclarar que soy socia de Wagemann Arbitration una oficina boutique con sede en Santiago de Chile y bueno, respondiendo a tu pregunta, yo tengo el privilegio de dirigir ser Chair de la American Iniciative del ITA Institute for Transnational Arbitration y en el año dos mil once, la Iniciativa de las Américas de y ITA prepararon la primera versión de esta guía. Daniel Ávila tuvo la fantástica idea de acercarse al ITA y ofrecer el apoyo de Reed Smith y de bueno de él personalmente para hacer una versión actualizada. Y lo que hicimos con él fue, primero, hacer un levantamiento de las instituciones arbitrales existentes nuevas. Para eso consultamos en el ITAFOR, consultamos con nuestros delegados en distintos países delegados del ITA y una vez validadas las instituciones, las invitamos a participar de esta encuesta. Asimismo, actualizamos las preguntas con respecto a lo que fue el año dos mil once. Incluimos muchas preguntas nuevas y entre ellas las preguntas de género en el dos mil once no fue un tema tan relevante como lo es hoy. Y bueno, enviada la encuesta a las instituciones, se recibieron respuestas de un porcentaje significativo de las instituciones, lo que nos ha permitido elaborar esta guía como un informe final que va acompañada de gráficas de conclusiones. Así que invito a todo el mundo descargarla de la página web de ITA para poder conocer estas conclusiones generales y particulares sobre el estado del arbitraje institucional en América Latina.  Isabella: Sí, de acuerdo. Creo que es una guía que vale la pena revisar porque tiene información actualizada de todo lo que está sucediendo en estas jurisdicciones y, de hecho, adentrándonos un poco al enfoque de diversidad de género. Ustedes resuelven la pregunta de qué porcentaje de la lista internacional son mujeres? La mayoría de las instituciones que respondieron a la encuesta de la Guía contestaron que en menos del veinticinco por ciento de sus listas nacionales e internacionales contienen árbitros mujeres. Y aunque las cifras siguen siendo bajas, el nombramiento global de mujeres es mucho mayor en comparación con décadas anteriores. Y esto hay que reconocerlo. En esta línea, la guía también destaca que frecuentemente el árbitro único o el presidente del tribunal es nombrado por las instituciones, lo que podría resultar en el esfuerzo institucional para aumentar el nombramiento de mujeres y que esta cifra suba. Quería preguntarte en este punto Elina, estás de acuerdo con el nombramiento de mujeres por las instituciones como un mecanismo para combatir la inequidad de género en el arbitraje internacional?  Elina: De todas maneras, sí Isabella. Yo creo que en las instituciones recae la función de ir profesionalizando el arbitraje. Cierto, porque son se encuentran en la mejor posición para efectuar el nombramiento de los árbitros con conocimiento de la materia. Y en ese sentido tienen la misión, me atrevería, a decir, de aportar también a la diversidad en el arbitraje, promoviendo el nombramiento de las mujeres.  Isabella: Gracias, Elina. Ahora, continuando con un poco el tema de la creación de igualdad de oportunidades, hay una tesis que dice que la promoción de la mujer en el arbitraje no parte del principio de pretender lograr el mismo número de árbitras y árbitros. Más bien busca crear igualdad de oportunidades para aquellas mujeres preparadas para desempeñarse en estos puestos. Elina, tú estás de acuerdo con esta premisa y si estás de acuerdo, qué herramientas podrían ser implementadas para crear un mayor acceso a estas oportunidades y que las mujeres lleguen a este puesto de árbitras?  Elina: Muy buena la pregunta, Isabella. Muchas gracias. Bueno, la premisa en sí es bastante interesante si consideramos que las aulas universitarias hoy en día están pobladas por un cincuenta por ciento de hombres, cincuenta por ciento de mujeres, si consideramos que entre los asociados de los estudios norteamericanos, aproximadamente un cuarenta por ciento constituyen mujeres. Por qué no deberíamos tender hacia el número cercano, al igual de hombres y mujeres? Pero bueno, aceptando tu premisa como premisa correcta, es decir que no se busca lograr el mismo número de árbitras de árbitros, vamos a desarrollar bajo esta premisa, que es lo que se puede hacer desde mi perspectiva. La carrera habitual conducente a asumir el papel de árbitro ha sido lograr primero la posición de socia en un estudio jurídico litigante en arbitraje. Pero como sabemos, los porcentajes de mujeres que llegan a ser socias, incluso en los países llamémoslo desarrollados, no fuera de América Latina, son bajísimos. Según Legal 500, en el Reino Unido corresponde al dieciocho por ciento, en Alemania diez por ciento, en Estados Unidos Equity Partners mujeres son un veinte por ciento y no Equity Partners ascienden a treinta por ciento. Al mismo tiempo, hay muchas abogadas asociadas, directoras, ocasos todos estos diversos títulos que demuestran que son indicativas de la madurez de la profesional pero que la separan de ser socia. Y todas estas abogadas tienen la experiencia necesaria para desempeñarse como árbitras. Entonces lo que yo creo es que hay que hacer. Hay que desvincular la figura del árbitro, del árbitro, del rol de socia. Son habilidades no relacionadas de ninguna manera. Y de lo contrario, si los mantenemos, si las mantenemos vinculadas, las mujeres se ven doblemente castigadas. Por un lado, no llegan a ser socias y por otro lado, no llegan a ser árbitras. Y bueno para lograrlo yo creo que hay que promover esta idea tal como lo estamos haciendo ahora y más que nada, darle visibilidad a estas mujeres con talento y experiencia. Y para ello la teoría sociológica política acepta el uso temporal de las cuotas como algo muy establecido y creo debería implementarse también en el arbitraje. Personalmente, a mí no me ofendería ser nombrada como árbitro debido a que existe una cuota de participación femenina. Estaría agradecida que para cumplir con la cuota me elegirían a mí habiendo tantas otras candidatas. Igualmente tendría certeza que me nombran por mis cualidades y no por ser mujer. Ningún hombre asume que lo nombran por ser hombre y creo que la misma actitud corresponde que sea tomada por mujeres.  Isabella: Muchísimas gracias por la respuesta, Elina. Creo que es muy interesante y es importante que todas las mujeres empecemos a oír este tipo de ideas desde ya, porque es la manera un poco de no castigarnos, sino darnos cuenta hacia dónde tenemos que ver y digamos, siguen un poco tu línea y los comentarios. Creo que ha quedado claro que la diversidad de género encapsula muchos más factores que simplemente el hecho de ser mujer o no. También se debe tener en cuenta la edad, la nacionalidad, entre otros factores. Y pongo un ejemplo, a veces hay mujeres muy capacitadas y también hombres que por la edad, de pronto encuentran una barrera en ser, digamos, en conseguir cierto tipo de reconocimientos opuestos en el campo del arbitraje, igualmente con la nacionalidad, con la diferencia de factores y de factores, de dónde vienen y de las oportunidades que han adquirido. Y en este punto, quería preguntarte cómo abordar estos factores en las iniciativas que ya existen para crear mayores oportunidades en el campo del arbitraje internacional. Crees que deberían ser abordados como tema de género y tema de edad aparte? O tratar de combinar un poco todos estos factores para crear iniciativas que aborden más las problemáticas? Cuál es tu perspectiva de cómo cobijar tantas cosas, pasando al mismo tiempo?   Elina: Si desde mi perspectiva el grupo minoritario en el arbitraje son las mujeres, el grupo minoritario más importante son las mujeres. Si empezamos a considerar diversidad regional, por ejemplo, hay diversos grupos minoritarios, cierto. América Latina se ve menos, con excepción de Brasil, que es asna, se ve menos representada en el arbitraje internacional. Lo mismo se puede decir de Asia. Lo mismo se puede decir de África. Entonces hay un conjunto de ámbitos geográficos y ese conjunto no es homogéneo. Entonces crearon una iniciativa para promover este conjunto heterogéneo, cuyos elementos se encuentran en distintos en distintas etapas de desarrollo de arbitraje en distintas etapas de acumular la experiencia como comunidad arbitral. A mí me parece difícil. Ahora hay iniciativas puntuales muy importantes para acoger la diversidad regional, que pueden ser muy valiosas. Lo que yo creo que en América Latina tenemos que poca otra región tiene es la ventaja del uso común del idioma. Creo que deberíamos apuntar a crear una mayor movilidad de los árbitros dentro de América Latina. Habiéndose aquí la primera opción para un nombramiento fuera un candidato, una candidata de la región y una vez que logremos un pool de árbitros y árbitras latinoamericanos que se desempeñen con facilidad en el arbitraje internacional, ahí podríamos competir a nivel global. Pero en esta materia me parece menos factible la introducción de cuotas, por ejemplo, no, porque podríamos estar interfiriendo con requerimientos que plantea un caso arbitral en cuanto al idioma. En cuanto a la formación legal, todas estas situaciones que pueden ser fácilmente superadas cuando estamos mirando un universo de mujeres.  Isabella: Entendido. Muchas gracias, Elina. Creo que hay tantas cosas que quisiera preguntarte sobre todo lo que acabas de decir. Lastimosamente no tenemos suficiente tiempo, pero creo que estos son el tipo de espacios que simplemente nos abren la puerta para seguir discutiendo este tema tan importante. Creo que mi última pregunta hacia ti, que también se la quiero hacer a Rebeca, es el valor agregado sobre la diversidad de género. Porque hay autores en el campo del arbitraje internacional que argumentan que no hay ningún consenso o estudio que demuestre que se mejore la calidad de los laudos o la eficiencia del arbitraje como proceso por tener árbitros, mujeres, entonces un poco. La tesis es como no importa si son mujeres, si son hombres, simplemente necesitamos un buen laudo. Por qué la necesidad de tener estos personajes como a manera de cuota? Para ti, Elina, cuál es el valor agregado que representa tener más mujeres, árbitros y representantes de parte en los casos de arbitraje internacional?  Elina: Bueno, sería algo atrevido sostener que la incorporación de las mujeres mejora la calidad de laudos? No, tampoco somos casi iba a decir súper hombres, pero no somos superhéroes súper heroínas. Eso es para mí la principal ventaja central, ventaja y valor agregado es la atracción de talento que de lo contrario habría quedado invisibilidad invisibilizado debido a las restricciones del sistema que ya discutimos. Y es simplemente un sistema injusto de alguna manera, la que no permite surgir a las mujeres talentosas. Y es lo que las cuotas pretenden corregir. No mejorar los laudos, sino que abrirse a la entrada de más árbitras árbitros árbitras que están que se encuentran en condiciones para hacer buenos laudos. Cierto. Hay estudios que indican que las mujeres, por ejemplo, tienden a tener un mejor manejo en la interacción en las relaciones sociales y tienen una mayor capacidad para lograr beneficios sistémicos. Es decir, se en un pequeño punto cuando piensan que finalmente pueden obtener un logro sistémico mayor. Y lo anterior sin duda podría generar tribunales arbitrales más cohesionados. Deliberaciones más fluidas. Pero para mí todas esas ventajas son adornos nada agradables. Lo relevante es la atracción de talento que se está perdiendo.  Isabella: Creo que en eso estamos todos completamente de acuerdo. Lo que mejora un proceso es tener más talento, descubrir nuevas caras que puedan aportar excelencia a estos procesos. Entonces creo que ahí se demuestra claramente cuál es el valor agregado sobre abrir las oportunidades a nuevas caras. Con esto creo que terminaríamos nuestra ronda de preguntas. Agradecemos nuevamente tu acompañamiento y todos los comentarios en esta sesión y esperamos que podamos vernos y seguir comentando estos temas pronto. Muchísimas gracias por el tiempo, Elina.  Elina: Muchas gracias a ti, Isabella.  Isabella: Ahora, continuando con nuestra conversación, quiero preguntarle a Rebeca sobre los actores involucrados en esta discusión. Y es comúnmente aceptado que la equidad de género en el arbitraje internacional es, en general, un tema que involucra a todos. Y en tu criterio, Rebeca, quiénes son los actores más determinantes para cerrar la brecha de equidad de género en el arbitraje internacional?  Rebeca: Hola, Isabella. Antes que nada, me da un grato placer estar acá conversando contigo acerca de la diversidad de género en el arbitraje internacional. Y te agradezco mucho esa magnífica introducción y bueno, como bien has dicho con respecto a los actores más determinantes para cerrar la brecha de equidad de género en el arbitraje internacional, pues todos y todas somos actores determinantes a todos los niveles, somos responsables y jugamos un rol determinante en concientizar y cerrar esa brecha. Por ejemplo, yo soy una gran partidaria de listar mujeres en las listas de árbitros que se preparan para sugerirle a los clientes, lastimosamente a lo largo de mi trayectoria como abogada, pues la mayoría del tiempo no he tenido tanto éxito, ya sea por sesgo de parte del propio cliente o como me dijo algún socio alguna vez, en que esa persona pues no tenía gravitas o que bueno, la escuché hablando y habla muy bajo y claramente ese es un momento en donde es el abogado el que tiene quizás una gran responsabilidad en educar al cliente y viceversa en algunos casos para poder cerrar esa brecha claramente. Ninguna de las aseveraciones, pues, que he escuchado en el pasado, tienen algo que ver con el profesionalismo o preparación de estas mujeres. Y más que nada, esta es una tarea muy importante porque, por ejemplo, en el 2020, el Grupo de Trabajo Interinstitucional sobre la Diversidad de Género en los Nombramientos y Procedimientos Arbitrales publica un informe a través de la ICCA que documenta los avances hacia la consecución de una mayor diversidad de género entre los árbitros. Este informe fue actualizado recientemente, en el dos mil veintidós y este informe confirma en que creo lo que hemos venido hablando en este podcast de que ha habido mejoras en los nombramientos institucionales. Sin embargo, los nombramientos de por parte de las partes no han tenido una gran mejora. Las instituciones son en sí, posiblemente los defensores con la voz más alta de la diversidad en el arbitraje y quizás uno de los actores más eficaces. Creo que en este sentido también deberíamos hablar que los bufetes de abogados deben aumentar la visibilidad de sus abogadas invirtiendo en su formación, presentándola ante sus clientes. Esto que vayan a conferencias, participen en paneles. Los bufetes también deberían, pues mejorar. Y esto quizá sea parte de otro espacio. La retención y promoción del talento femenino es imprescindible tener mujeres en posiciones de liderazgo en los bufetes, tomando decisiones importantes y de hecho, hablando de los actores determinantes, creo es importante mencionar una anécdota que tengo de una buena amiga mía, árbitro, que era parte de un panel de árbitros donde ella era la única mujer, no solamente de ese panel de árbitros, sino también de los abogados de parte. Y ella consideró que los abogados la habían designado como una muestra de diversidad, dada la notable ausencia de mujeres estos participantes en ese arbitraje. Y basándose en eso, el tribunal consideró si se debía imponer costas a las partes por la falta de diversidad en sus filas. Entonces eso me pareció bastante interesante y si me parece de repente, que sea no como un tema o un punto importante que discutir. O quizás también tener en cuenta a la hora de que el tribunal los está viendo a los no, a las, a las partes, a los abogados de parte, quiénes son las personas de cada lado que tienen un rol importante. Y en ese sentido, me parece que los hombres también tienen un papel que desempeñar, sobre todo porque constituyen la mayor proporción de los altos cargos de en la industria y con ese poder tienen la gran responsabilidad de hacer valer el cambio a favor de grupos diversos y de la equidad de género.  Isabella: Muchísimas gracias Rebeca por esa cantidad no sólo de consejos prácticos, sino también reflexiones que se pueden aplicar en el día a día desde diversas perspectivas, no sólo desde el cliente, sino también desde el panel arbitral hasta los mismos abogados que son los que nominan a su y le presentan a su cliente los árbitros muy interesantes todos estos tips, como los veo yo y como le decía a Elina uno podría quedarse hablando de todo esto por horas, pero en vista del tiempo quisiera pasar a la segunda pregunta. Y es que en este momento hay varias iniciativas que promueven esta cerrar esta brecha de género y que si las sabes Rebeca, tu opinión frente al impacto que estas iniciativas como ArbitralWomen y Equal Representation in Arbitration Pledge, entre otras, tienen frente a la causa de la que estamos hablando. Consideras que son efectivas para fomentar la que te genio el sector? Piensas que están, digamos, moviéndose hacia el lado que todos esperamos o deberían tener algún twist, cuáles son tus opiniones? Y, sobre todo, porque estás internamente involucrada. Entonces nos interesa mucho saber cómo funciona y cuáles son los planes a futuro.  Rebeca: No, claro que sí. Isabella, esto mira, en efecto, yo precisamente por formar parte de la junta directiva de ArbitralWomen. No tengo duda que organizaciones como ArbitralWomen, iniciativas como el ER Pledge, entre otros, fomentan conversaciones y concienciación en torno a la actividad de género y al concepto de diversidad en términos más amplios. Por ejemplo, ArbitralWomen, este año cumple treinta años. Es más, hace dos días cumplió esos treinta años y en esos treinta años nuestra membresía ha crecido a más de mil miembros en más de cuarenta países. Además de crear redes y actividades sociales, ArbitralWomen se ha encargado de mantener un directorio de mujeres árbitros, patrocinar a mujeres estudiantes de derecho en competencias de tribunales simulados y trabajar con organizaciones sin ánimo de lucro para identificar a estudiantes prometedoras para becas y pasantías. Y lo cierto es que esta clase de organizaciones e iniciativas que promueven la equidad de género y diversidad en un término más amplio tienen que existir. Pero como me preguntabas acerca de los planes a futuros y voy a usar las palabras de Louise Barrington, que es cofundadora de ArbitralWomen junto con Mireze Philippe es que ellas esperan que en los próximos treinta años haya tal conciencia e inclusión tanto de mujeres como de otros grupos diversos a todos los niveles y esferas del arbitraje internacional. Que ArbitralWomen y otras iniciativas similares no tengan ya razón de existir. Entonces para mí eso me parece un gol, una meta que alcanzar en los próximos treinta años, en los que todos los que estamos involucrados en estas iniciativas trabajamos conjuntamente y al día a día para que eso pueda suceder. O sea, me imagino un mundo en donde no tengamos que tener ArbitralWomen porque es tan normal poder, por ejemplo, esto elegir a una mujer árbitro o tener más mujeres en las filas de los abogados de parte y demás. Y eso me pareció unas palabras con mucho peso y una meta quizás y probablemente alcanzable, que lo Barrington mencionó a base de los treinta años que estamos cumpliendo. Y es que, ArbitralWomen mientras tanto, verdad? Mientras tanto, seguiremos en ArbitralWomen y en otras organizaciones, seguiremos con nuestro arduo trabajo de ofrecer una plataforma a las mujeres a grupos diversos en donde puedan alzar su voz sin sentirse aislados. Hay tantas otras iniciativas como mencionabas que siguen avanzando la equidad de género en nuestra industria, que me parece que necesitaremos otro podcast u otro espacio para alistar cada una de ellas. Y el arduo y magnífico trabajo que siguen realizando respecto a la diversidad tenemos REAL que es el Racial Equality for Arbitration Lawyers lo con un enfoque en la diversidad racial de los miembros de la comunidad ArbitralWomen con un enfoque en la promoción de la mujer profesional del arbitraje y en la equidad de género. También tenemos a RAI Rising Arbitrators Initiative, que está enfocada en árbitros jóvenes o en sus primeras elecciones como árbitro, el ERA Pledge, enfocada en la equidad de género en las elecciones de árbitros. El ERE Pledge con un enfoque en la equidad de género en la selección de expertos. Y también tenemos Mute Off Thursdays, que es una plataforma en línea creada o que nació durante la pandemia por cuatro miembros de ArbitralWomen, en donde mujeres en el arbitraje con más de siete años de experiencia se reúnen todos los jueves por treinta minutos para llevar a cabo un intercambio de conocimiento e ideas. Recientemente, como habrás escuchado, Mute Off publicó el compendio de unicornios es una guía mundial de mujeres árbitros. Y este compendio pretende disipar ese mito de que existe un déficit de oferta de mujeres cualificadas para ejercer como árbitros. Y seguro habrás visto a ciertas mujeres que llevamos un pin de un unicornio. Y es precisamente por la mención que hizo alguna vez un árbitro de que buscar a una mujer cualificada árbitro en el arbitraje internacional era como buscar a un unicornio. Entonces, esto existen esos pins. Si. Si consigo más, pues te mando unos o podemos contactar directamente a Lucy Greenwood, que es la que los reparte. Y esto con respecto a todas estas iniciativas. Isabella, yo la verdad, para mí es un verdadero orgullo que Reed Smith es signatario de muchas de estas iniciativas y sus abogados, muchos de ellos son miembros en casi todas de ellas.  Isabella: Bueno, estaré esperando este pin con ansias.   Rebeca: Total.  Isabella: Creo que bueno, la verdad es que soy testigo también del impacto que este tipo de iniciativas generan en el ámbito del arbitraje internacional y cómo impactan individualmente, pero también a manera de colectividad. Entonces también comparto el orgullo de que Reed Smith sea signatario de varias de estas iniciativas y ojalá esperemos deseando que se acaben estos grupos pronto para que no tengan mucho muchas causas. Y Rebeca también quería hacerte una pregunta que le hice a Elina. Y es sobre la tesis que algunos autores en el campo argumentan sobre el hecho de que no hay un consenso o estudio validado que demuestre que se mejore la calidad de los laudos o la eficiencia del arbitraje por tener árbitros. Mujeres para ti. Cuál es el valor agregado que representa tener más mujeres, árbitros y representantes de parte en los casos de arbitraje internacional?  Rebeca: Bueno, antes que nada, yo sí pienso que el valor agregado es que le da más legitimidad al proceso. Creo que tener la perspectiva no solamente de una mujer, sino de un árbitro, no de grupos diversos. Esto ofrece una perspectiva distinta, quizás a la que no hemos estado, pues anuales o no lo hemos afrontado porque no lo hemos tenido. Yo, por ejemplo, he tenido la dicha de tener al menos una mujer en varios de los paneles, no de los que yo estoy presentando mi caso. Y si bien, pues todos los árbitros siempre han estado a un nivel de profesionalismo, no perfecto. Sí he notado, por ejemplo, que las mujeres tienden a ir un poco más al detalle a ciertas cosas que quizás en otras ocasiones podríamos pasarle por encima, por decirlo así. Y creo que eso tiene que ver más también por la perspectiva que traemos al caso. Entonces, si bien no hay un consenso, creo que tener esa perspectiva agregada o ese potencial de porque estamos hablando no solamente de género, sino esa interseccionalidad de género cultural, raza, esto, lenguaje, cultura o no de venimos de otros países y eso todo es un valor agregado que enriquece y le da una legitimidad al proceso que creo que deberíamos seguir desarrollando y aumentando.  Isabella: Totalmente de acuerdo y muchísimas gracias Rebeca, por esta información, por tus respuestas, por tus experiencias. Lo apreciamos muchísimo y esperamos poder seguir siendo parte de estos proyectos de seguir comentándolo y spread the word en la comunidad internacional de estas iniciativas tan importantes. De nuevo. Muchas gracias por estar acá y esperamos verte pronto.  Rebeca: Gracias, Isabella. Un placer. Outro: Arbitral Insights is a Reed Smith production. Our producer is Ali McCardell. For more information about Reed Smith's Global International Arbitration practice, email arbitralinsights@reedsmith.com. To learn about the Reed Smith Arbitration Pricing Calculator, a first of its kind mobile app that forecasts the cost of arbitration around the world, search arbitration pricing calculator on reedsmith.com or download for free through the Apple and Google Play app stores. You can find our podcast on Spotify, Apple, Google Play, Stitcher, reedsmith.com and our social media accounts at Reed Smith LLP on LinkedIn, Facebook and Twitter. Disclaimer: This podcast is provided for educational purposes. It does not constitute legal advice and is not intended to establish an attorney-client relationship, nor is it intended to suggest or establish standards of care applicable to particular lawyers in any given situation. Prior results do not guarantee a similar outcome, any views, opinions, or comments made by any external guest speaker are not to be attributed to Reed Smith LLP or its individual lawyers.  All rights reserved. Transcript is auto-generated.

Join us on the Business Elevation Show for an enlightening conversation with Jane Gunn, renowned as “The Barefoot Mediator.” A distinguished figure in conflict resolution, Jane brings her expertise as a trained mediator, facilitator, and the Past President of the Chartered Institute of Arbitrators. Recognised in Who's Who Mediation and the Legal 500 Hall of Fame, her insights offer invaluable guidance for managing conflict in challenging times. Our discussion will delve into the intricacies of conflict resolution, particularly in periods of change, challenge, and crisis. Drawing upon her experiences from speaking at prestigious venues like the United Nations and The White House, and her work with a diverse range of organizations including Cable & Wireless, Capita, NHS, and McLaren Racing, Jane will share strategies that leaders and teams can employ to navigate and resolve conflicts effectively. We will also explore insights from her popular books, including “How To Beat Bedlam In The Boardroom And Boredom In The Bedroom,” “The Authority Guide To Conflict Resolution,” and her latest work, “The Mole & The Mountain” (December 2023). Listen in as we discuss how to turn conflict into collaboration and challenge into opportunity, ensuring resilience and growth in the face of adversity.

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 investment arbitration. He has over 16 years experience advising on major litigation and arbitration proceedings in particular in complex disputes in construction, energy and infrastructure, mining defense and distribution sectors. As well as considerable experience with joint ventures, imposed acquisition disputes. In addition to acting as counsel Clément acts as an arbitrator in domestic and international arbitration. Clément, the floor is yours. Clément: Thank you, Vanessa and Alison. I'm very happy to be with you today and to argue in favor of green arbitration, electronic signature and notification of rewards. Is green always better? So yes, green, that is the use of electronic signature and electronic notification of rewards is always better. And I will explain why. First a definition, an electronic award or e-award is an arbitral award that is signed digitally by the arbitral tribunal and emailed to the parties directly or if an institution is involved for transmission to the parties by the institution. First, I will start by saying that the appeal and desirability of electronic awards cannot be denied. In a survey published last year in the Journal of International Arbitration, questions were asked to leading arbitration institutions regarding the use of and practice of electronic awards. The participants overwhelmingly agreed that electronic awards are faster, 95% of the response. Cheaper, 85% and better for the environment, 80%. So let's look at those three criterias. First of all speed, while it is true that in some jurisdictions, it may take time to obtain a detailed signature for the first time. It cannot be denied that an award can be signed by the three arbitrators and sent to the parties by email in a manner of minutes. The same cannot obviously be said for hard copies awards that need to be printed out, circulated among tribunal members for signature and hard copy original notified by courier service. As to cost, now again, there is little doubt that an electronic awards are most certainly cheaper since they can often be prepared at no cost at all given that one, e-signature software are often for free and two, the sending being done by email, there is no additional cost and this is to be compared with courier service costs for all the back and forth required to have the award being signed by all members of the tribunal and then harm to the environment when electronic awards save paper because they do not need to be printed. This is abuse and reduce the emission of greenhouse gasses because they do not require physical transportation. Of course, electronic rewards are not entirely without carbon footprint, either data storage and related energy consumption have a certain, albeit, I submit a very small impact on the environment, however, the data storage needs of a paper award are in practice greater than those of electronic award. As to the COVID-19 crisis, put the world on hold. The legal community, and international arbitration in particular had to adapt and they actually adapt in a new way of working where online meetings and online hearings, it became the norm. So looking at e-signature of arbitral awards, there is clearly a growing trend amongst the major arbitration legal system, the vast majority of arbitration laws and institutional rules require the award to be in writing and to be signed. These requirements have primarily evidentiary functions and they have therefore little to do with the written text in digital or tangible formats. And this is the same situation regarding e-signature awards which will depend upon the electronic signature law, which in most cases would in principle allow the e-signature of arbitral awards. The New York Convention does not prohibit the electronic signature of awards and therefore most reductions should permit the arbitral award to be signed with any signature of awards. The issue of e-signature should be assessed, therefore, as the applicable at the applicable law level in this respect, we note that there is a growing number of jurisdictions allowing the signature of arbitral awards electronically. Looking first at France, Article 1366 of the French civil code provides that an electronic document has the same evidential value as a paper document provided that the person from whom it originates can be duly identified and that it is drawn up and stored in conditions that guarantee its integrity. So as we can see, the focus is made on the originality and the integrity of the electronic documents. Once this requirement is satisfied, French law grants the electronic document the same evidential value than a paper document. The legal framework dealing with the authentication of e-signatories has been based in France on the requirements of the EU regulation which deals with electronic identification and trust services for electronic transactions in the internal market. So we have actually a legal framework in place and I could continue with the United States with the Uniform Act of 2000 which requires that an award must be signed or otherwise authenticated by an arbitrator. An arbitrator can therefore sign an award with an electronic signature. In the UK, the draft reform of the English Arbitration act explicitly unfazed that there was no need for an explicit reference to electronic signature and notification of words as these are already authorized and I can continue on and on. As to e-notification, the arbitral award uh is also on the rise. Taking again the example of France Article 1519 paragraph three of the French Code of Civil Procedure states that notification of international arbitral awards shall be made by service,  meaning by bailiff, unless the parties agree otherwise. This means that the parties can agree to another means of notification such as in the context of ICC arbitration, the electronic notification of awards by ICC Secretariat. So in conclusion, I submit that those solutions in e-notification and e-signature of rewards are more and more used and should be the preferred way in the international arbitration practice. Alison: Thank you very much Clément, some excellent points made there. And I do remember printing those thousands of pages back in the day. So let's see what our second speaker Michelle Nelson has to reply. Michelle Nelson is a partner in Reed Smith's Dubai office. She sits in our global Energy and Natural Resources Group. Michelle is a specialist arbitration lawyer with 27 years of experience advising a variety of clients on oil and gas and construction disputes. She is a qualified solicitor advocate. She sits as arbitrator on regional disputes and also has rights of audience before the DIFC courts. And I do have to mention that she is the only female in the Legal 500 Hall of Fame for Construction and has been ranked in the 2024 edition of  Who's Who Legal for the Arbitration category. So Michelle take it away. Michelle: Thank you very much, everyone and I'm delighted to participate in this Greener Arbitration podcast series and particularly on the topic of e-signatures and e-notifications of arbitral awards. I've been tasked today with arguing against the proposition that my colleague Clément put forward and specifically why in the case of e-signatures and e-awards, a greener approach is not always best. So my colleague Clément made some interesting points but there are fundamental reasons why parties should cautiously approach e-signatures and e-notifications of awards, even if they are better for the environment. A point which certainly from my side is itself is debatable, but there's specifically three points against the proposition that I'm going to be considering in some detail. First, the end goal of any claimant in arbitration is to have an enforceable award. And I think Clément agrees with that proposition. Whilst e-signatures and e-notifications of awards may well be a greener option, they will not necessarily be valid and enforceable in every jurisdiction and this requires a cautious case by case approach. If the award is unenforceable, then greener clearly is not better. Secondly, parties and tribunals who accept e-signatures and e-notification of awards open themselves up to a host of potential cybersecurity and data integrity risks. Even the largest law firms and the most prominent barristers chambers have been victims of hacking and data leaks. And as the world becomes increasingly more reliant on digital technology, these risks are expected to increase. This is the downside or perhaps I should say the dark side of opting for e-signatures and e-notification of awards. Thirdly, I have to question whether my opponent's claims that e-awards are demonstrably better for the environment at all. I suggest that in practice, the positive environmental impact of signing an award with an e-signature or notifying an award by email has perhaps been grossly exaggerated by my opponent. Whilst one could argue that every little bit counts, there are several other areas of arbitration and we've, we've, we've heard about those in terms of the printing of bundles and thousands of pages of submissions and issues of virtual hearing e-bundles and the like which certainly I would suggest should be prioritized. So taking down each one of these points. Firstly, the issue of enforcement now arbitration, in contrast to other ADR mechanisms has the advantage of a binding decision at the end, making it a viable and well established alternative to traditional litigation. Any doubts about enforceability of an award puts at risk, the whole purpose of the arbitration itself. The use of e-awards and e-signatures is particularly risky in the context of international arbitration. Each jurisdiction has its own different requirements as to the validity of enforceability of awards ranging from the need for a wet ink signature to an originality requirement where it will be expected that a hard copy original award will be provided. Awards with e-signatures, or that have notified by email only, will not suffice and are likely to lead to increased costs and prolonged legal battles around enforcement. Now, my opponent Clément gave a shopping list of examples of countries which theoretically allow for e-awards. Yet the countries mentioned only included Western European countries and the U.S. So I do have to ask, what about the rest of the world? e-Awards may not be enforceable in a number of countries. So care must be taken. Whilst I accept my friend's argument that national courts of some countries are moving towards acceptance of digital methods, we simply aren't there yet. The suggestion that scholars may argue that e-awards cannot be challenged will not give clients much comfort when a court says no. Here in the UAE for example, there are currently a number of cases in the courts and have been sent to the courts where nullification proceedings have been put on hold. Whilst the tribunals have actually been told to go away and reissue awards and sign them in wet ink, which not only of course, is increased time, it causes increased cost as well. And the risk the award will not be enforceable in any event. I should note that the Chartered Institution of Arbitrators has also given some reluctance in its guidance and said that even though digital technology is rapidly becoming a widely accepted business and legal tool, it's advisable to keep key procedural documents in both soft and hard copies containing signatures of participants where necessary. So again, this is suggesting a cautious approach. So the bottom line, I would say any party considering use of an e-award or e-signature perhaps should obtain an opinion from local council first to make sure that there is not a risk in that individual jurisdiction. Clearly greener is not better if the award is unenforceable. Secondly, although data security risks are inherent in any form of electronic communications, the stakes are higher when it comes to e-awards due to their commercially sensitive and confidential nature. Confidentiality is one of the many factors that makes arbitration more attractive than litigation. Yet, a cybersecurity threat puts this at risk. Big businesses may well have excellent firewalls but many arbitration parties are smaller businesses without top class IT support. When it comes to a final award there are good reasons why it's worth having a hard copy in your office safe. And doubts could also be raised as to the authenticity of e-signatures used and the award itself. For example, courts may question whether the integrity of the e-award has been preserved and whether or not the award was safeguarded against later modification. One can imagine an enforcement scenario where a fraud has been committed and local courts do not have the means to authenticate thee-award, even if the local law ordinarily permits its enforcement. Now, I accept my friends point that some jurisdictions including the EU and specific EU countries like France have taken regulatory steps towards developing a framework to protect against forgery and other mischief involving e-signatures. But again, this does not include the majority of the world's countries. And in fact, underscores the very real risks that e-signatures present. And statistically, I think it's right to say that much of the world's users of arbitration is not necessarily in the EU. As for e-notifications, email does not provide the same level of certainty as a courier delivered and signed for paper award, a standard email will not inform the sender as to whether or not the recipient had received it, the email might be shown as sent however, there's no certainty as to whether it has in fact been delivered and given the sheer volume of email traffic, one could even imagine a scenario where a party misses that all important email. And if the award needs to be annulled time will be ticking to file those proceedings with irreversible consequences if a time bar is missed. So lastly, even if one were to disregard all of the things that I've said so far, we need to consider whether or not e-awards make a significant difference for sustainability. My friend was keen to point out the benefits of online hearings, general correspondence and so forth. But this debate is focused on e-signatures and e-awards. Now I accept that it is not ideal to fly several copies, an arbitration award around the world to be signed by three arbitrators and then delivered to the parties. Yet in the grand scheme of an arbitration carbon footprint, it is a relatively small package being carried on a large airplane that was making the trip anyway. While arbitrations do have a significant carbon footprint, studies show that energy use powering law firm offices and air travel for in-person hearings are the top two biggest causes of CO2 emissions in arbitrations. Apparently 92.7% of carbon emissions for hearings come from flights alone that if we really want to make arbitrations greener, our priority should be on those areas instead. So in closing, it comes down to a cost benefit exercise. Parties should ask themselves whether the benefit of a small reduction in paper waste and CO2 emissions is worth the risk of an unenforceable award. Indeed, a recent Queen Mary International Arbitration survey confirmed that participants are generally not overly enthusiastic about receiving an e-award. Only 14% stated that they wanted awards to be signed electronically. It seems that people have spoken and would agree with me that when it comes to e-awards, greener is not always better. Thank you. Vanessa: Thank you, Michelle. There are some very compelling arguments here. Both sides have made extremely strong arguments but how do we tell them apart? Well, it's time for rebuttal starting with Clément. Clément, what do you have to answer to Michelle? Clément: In response to Michelle's very interesting points I will limit myself to the following three remarks. First, as to enforcement of awards. As I said earlier, the question of enforcement must be resolved by looking at the applicable law and national solutions may vary from one region to another. That said, I also note that one, the New York Convention is silent on the delivery of the awards to the parties and two, although the risk regarding enforcement of e-awards has been expressed in relation to the formal requirements of an award, question of due process or international public policy, the reality is that e-awards cannot in fact be seriously challenged on those grounds. As mentioned earlier, formal requirements have in reality very little to do with the format digital or tangible of the substantive text of the award. As to due process requirements, a party must be given proper notice of an arbitral proceedings. And nowadays, emails are an accepted mode of giving notice while there are issues such as being unable to prove when a party receives an email. Email software has made it simpler for a sender to be notified if the receiver of the email opens a particular email by creating provisions of read receipts. And for instance, in another instance, the High Court in India has held that a notice sent on WhatsAppp was actually good service. And finally, the rendering of e-awards does not breach international public policy as we actually failed to see what would be the valid ground in this respect. Two on cyber security and online arbitration, I've listened to the legitimate concerns raised by my learned colleague. While these concerns should not be ignored, I submit the risk is that link, again I would say, to the form of the original award electronic or paper because in either case, the arbitrators can be hacked and the award tampered with. The reality is that both wet ink and e-signatures can be forged. And the difference lies in reality in the way in which the fraud is proven or discovered for a paper signature with the help of an expert, a graphologist expert, and for the electronic signature with the help of an IT specialist. The real issue is how to ensure that the signature on the award is not forged. As to online signatures are used additional requirements may be imposed. In application of the EU regulation mentioned earlier, French law, for instance, has created four different levels of security in which signatures can be categorized. The two highest levels are recommended to companies for their contracts and agreements where e-signatures are certified as having the same value of a paper hand signature. And there are numerous specialized IT platforms, and I will mention for instance, DocuSign, which has been certified by the French government to ensure the integrity of e-signatures. Last points, e-signatures and notification of awards in arbitration constitute a means to tackle the climate change problem. As it allows to reduce, reducing the impact of arbitration on the environment. They have a direct effect on paper consumption. And two, they have also an impact in reducing the need for air travel. As we know every step count and as international arbitration is taking the green transition turn e-signature and e-notification of rewards must be adopted on a wider scope. Thank you very much. Alison: Ok. Our time is up for this episode and we would like to thank warmly Michelle and Clément for their time and precious insights on this topic. Vanessa: This was our last episode for this miniseries on how to reduce the environmental impact of arbitration. But we will revert soon with a new topic. Until then, thank you for listening to our Arbitral Insights Greener Arbitrations podcast series. We hope you enjoyed it. Outro: Arbitral Insights is a Reed Smith production. Our producer is Ali McCardell. For more information about Reed Smith's Global International Arbitration practice, email arbitralinsights@reedsmith.com. To learn about the Reed Smith Arbitration Pricing Calculator, a first of its kind mobile app that forecasts the cost of arbitration around the world, search Arbitration Pricing Calculator on reedsmith.com or download for free through the Apple and Google Play app stores. You can find our podcast on Spotify, Apple, Google Play, Stitcher, reedsmith.com, and our social media accounts at Reed Smith LLP on LinkedIn, Facebook and Twitter. Disclaimer: This podcast is provided for educational purposes. It does not constitute legal advice, and is not intended to establish an attorney-client relationship,  nor is it intended to suggest or establish standards of care applicable to particular lawyers in any given situation. Prior results do not guarantee a similar outcome Any views, opinions, or comments made by any external guest speaker are not to be attributed to Reed Smith LLP or its individual lawyers. All rights reserved. Transcript is auto-generated.

Stupid News 1-8-2024 6am ...He crashed his car into the Bass Pro Shop and then did what? …Where can I get a Dilly Candle? …Arbitrator rules he is jokes were funny and not inappropriate

Luke 12:13-21; Charles Johnson, Senior Pastor at RMC; the 13th sermon in the series "The Questions Jesus Asks".

As we find ourselves at the end of 2023, so too, are we at the end of Season 5 of Tales of the Tribunal.  It has been an amazing season which saw us head to several continents and we have one more story to share.  This time, we welcome, Hong Kong Intl. Arbitration guru, Louise Barrington.  Louise needs little introduction given her work with Arbitral Women, Vis East, ICCA, the CISG and many other initiatives.  We have a great conversation touching on a number of these topics as well as practical tips - so, sit back and enjoy this final episode of Season 5 of TALES of the Tribunal and we will see you in 2024! Comments and Feedback for the Show: TalesOfTheTribunal@Gmail.com    Opening Notes - :34 Episode Begins – 5:20 Personal Shift – 53:00 Closing Notes –   BOOKS: Hey Nostradmus by Douglas Cupland The Secret Life of Bees by Sue Monk Kid   MUSIC: The Beatles Rolling Stones SHOWS: The Lincoln Lawyer The Good Doctor None of the views shared today or any episode of Tales of the Tribunal is presented as legal advice nor advice of any kind.  No compensation was provided to any person or party for their appearance on the show nor do any of the statements made represent any particular organization, legal position or view point.  All interviewees appear on an arms-length basis and their appearance should not be construed as any bias or preferred affiliation with the host or host's employer.  All rights reserved.

Appellate courts are in the affirming business. But be ready to take advantage of easy reversals, like in these examples:

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