Kluwer Arbitration Blog Publishes Articles by David Blackman, May Khoury, Alicia Yeo Articles Recapping NYAW 2023

Where Advocacy Meets Business

Kluwer Arbitration Blog Publishes Articles by David Blackman, May Khoury, Alicia Yeo Articles Recapping NYAW 2023

by

December 2023–Chaffetz Lindsey’s David Blackman, May Khoury and Alicia Yeo authored articles highlighting several events that took place during the 2023 New York Arbitration Week. Each article, published in the Kluwer Arbitration Blog, gives an in-depth look into the sessions. New York Arbitration Week took place Monday, November 13th through Friday, November 17th in New York City.

“New York Arbitration Week 2023 Recap – Tales from the Hearing Room: ‘What Would You Do?’ Young Practitioners Panel,” co-authored by Alicia Yeo, Cheyenne Kleinberg (White & Case) and Su Rao (White & Case), highlights the young practitioner’s panel that took place on November 13th. Read the full article here.

“New York Arbitration Week 2023 Recap – Obtaining Evidence in the United States from Non-parties to an International Arbitration in a Post-1782 World,” co-authored by May Khoury and Surya Gopalan (White & Case), highlights the White & Case LLP hosted event covering the possibility of obtaining evidence from non-parties to an international arbitration following the 2022 U.S. Supreme Court decision in ZF Automotives US Inc. v. Luxshare, Ltd that took place on November 15th.  Read the full article here.

“New York Arbitration Week 2023 Recap – Highlights from the 18th Annual Fordham Conference on International Arbitration and Mediation” authored by David Blackman, highlights Fordham Law School’s first annual full-day Conference on International Arbitration and Mediation (“CIAM”) that took place on November 17th. Read the full article here.

David Blackman, May Khoury and Alicia Yeo served as Secretaries of the 2023 New York Arbitration Week Organizing Committee.

New York Arbitration Week to Take Place November 13th-November 17th

by

November 2023—The New York International Arbitration Center (NYIAC) and the New York Branch of the Chartered Institute of Arbitrators (CIArbNY) are pleased to continue their joint leadership for the fifth annual New York Arbitration Week taking place Monday, November 13th through Friday, November 17th in New York City. The theme, “New York, New York: A Celebration of New York Law and Arbitration” aims to highlight the deep and multifaceted connection between international arbitration and New York City by including a variety of topics that focus on New York’s connection not only with the practice of international arbitration but also with numerous global jurisdictions.

The New York Arbitration Week Organizing Committee consists of members from across the globe, reflecting NYAW’s goal of engaging with members of our international arbitration community in all regions. This year, the Committee is chaired by Chaffetz Lindsey’s Gretta Walters and White and Case’s Damien Nyer. In addition, Chaffetz Lindsey members David Blackman, May Khoury and Alicia Yeo are Secretaries to the Organizing Committee.

The Chaffetz Lindsey team is highly involved with several team members speaking and moderating panels throughout the week including:

Monday, November 13th

Venue Host: Chaffetz Lindsey | 1700 Broadway 11th Floor, New York, NY 100191700 Broadway

Chaffetz Lindsey’s Lidia Rezende will participate in the Young Practitioners Panel & Networking Reception. During the event “Tales from the Hearing Room: ‘What Would You Do?’” panelists will share stories from practice about unique and unpredictable moments from the hearing room and then survey the audience to ask the simple question – “What would you do?” – before sharing how the story really ended.

Lidia will join Travis Gonyou (Binder & Schwartz), Ryan Lax (Torys) and Ricardo Reyes (White & Case) for the discussion moderated by Maria Teder (Ellex Legal).

The interactive evening discussion is presented by CIArb’s Young Members Group, AAA-ICDR Young & International, CPR Young Leaders in ADR, and Young Canadian Arbitration Practitioners.

Tuesday, November 14th

Venue Host: NYC Bar Association | 42 W 44th St

Chaffetz Lindsey’s Gretta Walters will moderate the panel “Procedures for Asserting and Evaluating Privilege Claims in International Arbitration.” The panel will explore questions using interactive hypotheticals and based on a report issued in October 2023 by the New York City Bar Association’s International Commercial Disputes Committee.  The panel members, Ulyana Bardyn (Eversheds Sutherland), Joseph E. Neuhaus (Sullivan & Cromwell), Kim J. Landsman (Independent Arbitrator), are the principal drafters of the report.

The event discussing privilege issues in international arbitration and arbitrating cryptocurrency disputes is presented by the NYAW Organizing Committee and the New York Bar Association’s International Commercial Disputes Committee and Arbitration Committee.

Tuesday, November 14th

Venue Host: Sidley Austin |787 7th Ave

Chaffetz Lindsey’s Andy Frischknecht will moderate the panel “Cross Cultural Conversations: Navigating the ‘International’ in Arbitration Advocacy During the Year of the ArbitralWomen Anniversary.” Additional panelists include Lauren Friedman (King & Spalding), Lindsay Gastrell (Independent Arbitrator), Young-Hee Kim (Sidley Austin), Rumbidzai Maweni (Foley Hoag), Rebeca E. Mosquera (Reed Smith) and Joanne Saint Louis (JAMS).

Wednesday, November 15th

Venue Host: White & Case LLP | 1221 Avenue of the Americas

Chaffetz Lindsey’s Yasmine Lahlou will speak on the panel “Obtaining Evidence from Non-parties to an International Arbitration in a Post Section 1782 World.” Using two mock applications to take evidence under Section 7 of the Federal Arbitration Act, the program will explore the possibilities that Section 7 provides to parties to obtain evidence from non-parties in U.S. seated and foreign-seated arbitrations, explore the issues as they might be presented to arbitral tribunals and also to a judge who may be asked to enforce an arbitral subpoena issued under Section 7. A discussion will follow examining the opportunities and challenges when seeking non-party evidence in the United States.

Additional speakers will include Martin Gusy (Bracewell LLP), Dana MacGrath FCIArb (MacGrath Arbitration), Klaus Reichert SC (Brick Court Chambers), Faith Hochberg FCIArb (Hochberg ADR LLC), Thomas W. Walsh (Freshfields) and Thomas G. Allen (Kilpatrick Townsend). Kiera Gans (DLA) and Sven Volkmer FCIArb (White & Case) will moderate.

Program hosts for the event are the NYAW Organizing Committee, NYIAC and CiarbNY.

Thursday, November 16th

Venue Host: International Centre for Dispute Resolution American Arbitration Association |150 E 42nd St 17th Floor

Chaffetz Lindsey’s Aníbal Sabater will speak on the panel “Public Construction Contracts and Construction Arbitration.” This session will introduce attendees to the field of public construction contracts and will address issues such as: (i) how public construction contracts differ from private construction agreements depending on the jurisdiction including those seated in New York; (ii) the role arbitration places in connection with public construction agreements; and (iii) how the involvement of government entities affects the resolution of international construction disputes. This panel will also discuss options available for international infrastructure projects with a special focus on dispute boards and a discussion on the AAA-ICDR’s new Dispute Avoidance and Resolution Board Procedures and “Best Practices” for the DARB Process. The session will conclude with a presentation by Jus Mundi featuring their International Construction Arbitration report.

Additional speakers include Luis M. Martinez (AAA-ICDR/AAA), Michael A. Marra (AAA-ICDR), Preeti Bhagnani (White & Case), Annie Lespérance (Jus Mundi), Lucila Hemmingsen (King & Spalding) and Zachary Torres-Fowler (Troutman Pepper). José A. Casas (Galicia Abogados) will moderate.

The event is presented by the NYAW Organizing Committee and ICDR.

Thursday, November 16th

Program & Venue: The David D. Caron Praelium | Harmonie Club in New York City

The David D. Caron Praelium, co-organised by Three Crowns LLP, Columbia Law School, and King’s College London, is an annual celebration of advocacy, with two leading international advocates deploying their oratorical and advocacy skills in the service of important current legal issues before a distinguished three-member tribunal.

The Praelium will take place in person at the Harmonie Club in New York City, NY, on Thursday, November 16, 2023.

Leading international advocates Caline Mouawad and Elliot Friedman will appear before the esteemed tribunal comprising Carolyn Lamm, The Honorable Charles N. Brower, and Professor George A. Bermann.

Friday, November 17th

Program & Venue Host: Program & Venue Host: Fordham Law School | 150 West 62nd Street

Chaffetz Lindsey’s Gretta Walters will speak on the panel “Efficient, Effective and Expeditious Resolution of Technology Disputes.” The panel will consider the current efforts to address the needs of technology disputes, including AI.  In response to this need, the ICDR created a Global Working Group which undertook a global survey of more than 500 participants to study how arbitration and other forms of dispute resolution can best assist parties in resolving such disputes.  The Working Group will publish a consultation draft of its White Paper addressing its findings immediately before the conference.  The panel will be joined by those involved in the efforts by UNCITRAL and SVAMC to address technology disputes to share their perspectives.

Additional speakers include Shai Sharvit (Gornitzky), Patricia Shaughnessy (Stockholm University) and Steve Smith (Steve Smith ADR LLC). Kathleen Paisley (Ambos Law) and Maria Chedid (Arnold & Porter) will moderate.

For more information including the full program of events and registration, click here.

ITA in Review Publishes Alicia Yeo’s Report on the “Arbitration & Insolvency: When Theory Meets Practice” Panel

by

February 2022 — ITA in Review’s newest edition features a report by Chaffetz Lindsey’s Alicia Yeo on the panel webinar “Arbitration & Insolvency: When Theory Meets Practice,” which was hosted by Young Practitioners’ Group of the Institute for Transnational Arbitration (“Young ITA”) in October 2021. The webinar was organized and moderated by Lidia Rezende, Chaffetz Lindsey attorney and Young ITA’s North America Chair.

The webinar explored practical issues that arise at the intersection of insolvency and arbitration, from both Brazilian and U.S. law perspectives. The discussion centered on three topics that often arise in the international arbitration and insolvency space:  (1) the right to initiate arbitration when insolvency procedures are involved; (2) the viability of arbitration proceedings brought by insolvent parties, particularly with regard to security for costs; and (3) the enforceability of arbitral awards by or against insolvent parties.  Panelists included Ruth Teitelbaum, Eduardo A. Mattar, Jennifer Permesly, and André Luis Monteiro.

Read Alicia’s report on the event here.

About Young ITA
Young ITA promotes the involvement of young professionals in the international arbitration community through programs, publications and other activities. Learn more about Young ITA and ITA in Review.

 

A Look Back on 2020 at Chaffetz Lindsey

by

January 2021

Dear Friends:

In a year where a global pandemic has limited our ability to connect in person, we’d like to take this opportunity to wish you all the best for 2021 and to share some of our team’s highlights from 2020.

We began 2020 by adding key lateral partners Caline Mouawad and Alan Lipkin. Caline deepens our strength in international arbitration while Alan has brought us leading bankruptcy and restructuring expertise.

Perhaps because we started our firm in difficult times in 2009, we have remained optimistic in the face of the pandemic and its effects on the world and our city. Even as we went into lockdown and remote working, we took the decision to keep building with the hiring of associates Silvia Marroquin, Eli Meltz, and Alicia Yeo. They join our elite associate team that compares favorably to anyone’s in talent and exceeds most in enthusiasm and commitment to our clients.

We also had some big wins this year as summarized below in our “Practice Highlights.” Along the way, our caseload has grown to nearly $19.5 billion in dispute. We completed six plenary arbitration hearings, and briefed and argued a number of major, dispositive motions in court. Most importantly, we found new ways to keep our team connected and to communicate with our clients and community. We organized over 40 virtual internal and external events and published 24 articles.

We also all contributed – both as a firm and individually – to support those hardest hit by the pandemic. Our staff created and drove a “Donate Your Commute” campaign to funnel some of our saved travel costs to New York Lawyers for the Public Interest (NYLPI), a pro bono organization, and to City Harvest, which assists New Yorkers struggling with food insecurity. 100% of the Chaffetz Lindsey team contributed. We are also diverting a portion of our unused travel and entertainment budget to an organization that provides relief to displaced restaurant workers in New York.

We extend our deepest gratitude to our clients and friends who make our firm possible and our work meaningful. This has never meant more to us than it has over the past year. We hope 2021 brings good health and happiness to you and yours.

Cheers,

 

 

 

 

 

OUR NEW BANKRUPTCY PRACTICE

With the addition of Alan Lipkin, one of the city’s long-time leading practitioners, we now have a full-fledged bankruptcy capability and an active practice currently representing creditors in a range of chapter 11 cases (such as 24 Hour Fitness, Kings and Balducci’s Super Markets, and Arandell Corporation) as well as out of court debt restructurings. His experience with chapter 15 cases dovetails with our substantial cross-border litigation and arbitration practice.

COMMERCIAL LITIGATION

We proved this year that our litigation skills are transferable to new industries and new areas of the law. In a landmark ruling in August, the Court of International Trade held that the Department of Commerce’s denial of our client’s requests for exemptions from the Trump Administration’s Section 232 steel tariffs violated the Administrative Procedures Act.Following that ruling, we negotiated for more than $100 million in tariff refunds.

INSURANCE
In Utica Mutual v. Fireman’s Fund, we were hired the day after a jury returned a $64 million verdict against our client. Although there was a lengthy trial record, our review of the contract language convinced us that the trial court had erred in denying summary judgment. The Second Circuit agreed 3-0, reversing and directing entry of judgment for our client. While reversal of a jury verdict is rare and the scope for reinsurers to contest a loss cession is properly quite narrow, we predicted that the Second Circuit would follow its prior rulings enforcing the plain meaning of contractual terms.

INTERNATIONAL ARBITRATION
This has been an amazingly busy year for our international arbitration team. We recorded three notable wins in confidential arbitrations and two more in enforcement actions. In addition, we are awaiting results from six merits hearings completed this year. We are also thrilled to have deepened our bench with Caline and several new associates. Meanwhile, despite the pandemic, the team has remained fully engaged with thought-leadership and, for example, has been at the forefront of helping users and institutions adapt to remote arbitral hearings.

 

Subscribe to Updates

Stay informed of Chaffetz Lindsey’s updates, new articles, and events invitations by subscribing to our mailing list.

Subscribe

Slogan

Where Advocacy Meets Business

Credit

Designed by Knapp Marketing

Address, Phone & Copyright

LinkedIn

Chaffetz Lindsey LLP
1700 Broadway, 33rd Floor
New York, NY 10019
tel: +1 212 257 6960
fax: +1 212 257 6950

©2023 Chaffetz Lindsey LLP
Attorney Advertising. Prior results do not guarantee a similar outcome.

Slogan

Where Advocacy Meets Business