Caline Mouawad to Speak on ISDS Reform: Financing of a Standing Mechanism and an Advisory Center

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Caline Mouawad to Speak on ISDS Reform: Financing of a Standing Mechanism and an Advisory Center

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April 2024—Caline Mouawad is set to speak at a side event of the 48th Session of UNCITRAL Working Group III on Tuesday, April 2nd. Caline will join the panel “ISDS Reform: Financing of a Standing Mechanism and an Advisory Center” with Colin Brown (Directorate General for Trade, European Commission), Ayse Lowe (Bench Walk Advisors LLC), Viren Mascarenhas (Milbank LLP), Ladan Mehranvar (Columbia Center on Sustainable Investment), and Giovanny Vega (National Defense Agency of the Colombian Government).

The group will discuss the creation of an advisory center and a standing multilateral mechanism for the resolution of international investment disputes. Panelists will debate the pros and cons behind these reforms, with the goal of understanding their true impact if implemented.

The event will take place at Milbank LLP at 55 Hudson Yards, New York, NY 10001. Registration is required.

For more information and to register, click here.

Caline Mouawad, Yasmine Lahlou and David Lindsey Recognized by Latinvex

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March 2024– Chaffetz Lindsey’s Caline Mouawad, Yasmine Lahlou and David Lindsey have been recognized for their international expertise by Latinvex.

Caline Mouawad and Yasmine Lahlou have been named among the “Top 100 Female Lawyers in Latin America,” marking the fifth consecutive year Caline has been recognized and the sixth consecutive year for Yasmine. In addition, David Lindsey has been named one of “Latin America’s Top 100 Lawyers”, highlighting his work among the top foreign lawyers in 2024.

The criteria used was a combination of factors, including recent track record on major deals and business, prominence of firm in Latin America and rankings by third parties such as Chambers and Partners and Legal 500.

Click here for Latin America’s Top 100 Lawyers rankings.

Click here for Latin America’s Top 100 Female Lawyers rankings.

*Note: a subscription to Latinvex may be required

ArabArb Nominated for 2024 GAR Awards: Equal Representation in Arbitration Pledge Award

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February 2024– ArabArb, co-founded by Chaffetz Lindsey’s May Khoury, has been nominated for the Equal Representation in Arbitration Pledge Award as part of the 2024 GAR Awards taking place during Paris Arbitration Week. ArabArb is an independent network that aims to unite, promote, and serve the global arbitration community with roots, affinity, or interest in the Arab World.  It also strives to increase the visibility of diverse and qualified counsel, arbitrators, and experts who are particularly suited to handle disputes relating to the Arab World.

ArabArb was founded last year by five Arab arbitration practitioners: Randa Adra of Crowell & Moring, Cherine Foty of Covington & Burling, Lillian Khoury of Steptoe & Johnson, May Khoury of Chaffetz Lindsey and Nour Nicolas of Foley Hoag. The group’s founders now constitute its all-female board. Chaffetz Lindsey’s Caline Mouawad and Yasmine Lahlou sit on the advisory committee of this women-led group, making three out of eleven members represented by the Chaffetz Lindsey team.

Voting for the 2024 GAR Awards will remain open until Monday, February 12th. To vote visit:  https://globalarbitrationreview.com/article/gar-awards-2024-voting-now-open

Learn more about ArabArb here.

Caline Mouawad and Gretta Walters Publish Chapter in Kluwer Law International’s “Investment Arbitration and Climate Change”

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January 2024—Chaffetz Lindsey’s Caline Mouawad and Gretta Walters have published a chapter in Kluwer Law International’s “Investment Arbitration and Climate Change.” The publication stands to be a comprehensive elaboration where experts and practitioners describe different types of climate-related investment disputes, provide a thorough analysis of the unique procedural issues that emerge in such disputes, and evaluate the proper balance between States’ right to regulate to fight climate change and their obligations towards foreign investors.

Caline’s and Gretta’s chapter titled “Climate Science: A Role to Play at Every Stage of Investment Arbitration?” examines how climate science may come into play at various points in the life of an investment arbitration:  i) at the threshold phase, when tribunals assess whether a covered investment or admissible claim exists; ii) at the liability phase, when a State’s sovereign right to regulate for climate change mitigation or adaptation may come up against its investment treaty obligations; and iii) at the damages phase, when compensation may be measured in light of the moral imperative of reducing emissions.  This chapter examines the role that climate science may play, if any, at each of these stages of an investor-state arbitration.

Learn more and purchase the full publication here.

Caline Mouawad Appointed Vice Chair of IBA Arbitration Committee

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December 2023—Chaffetz Lindsey’s Caline Mouawad has been appointed a Vice Chair of the International Bar Association’s Arbitration Committee for the 2024-2025 term.

Other vice chairs include Andre Abbud of BMA Advogados in São Paulo, Barcelona-based academic Patricia Saiz, Pestalozzi partner Alexandra Johnson, Colin Ong KC of Eldan Law in Singapore, Dietmar Prager of Debevoise & Plimpton in New York, Utku Coşar of Coşar Avukatlık in Istanbul and Ana Vermal of Proskauer Rose in Paris.

The IBA Arbitration Committee focuses on laws, practice and procedures relating to the arbitration of transnational disputes. Through its conferences, publications and projects, the Committee seeks to share information about international arbitration, promote its use and improve its effectiveness. Learn more here.

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Chaffetz Lindsey Arbitration Team Recognized as Global Elite According to Who’s Who Legal

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December 2023—Who’s Who Legal Arbitration has released their 2024 rankings with the most prominent names in arbitration, ranking seven Chaffetz Lindsey team members among the highly regarded group. Both James Hosking and Yasmine Lahlou have again been named “Global Elite Thought Leaders,” a title reserved for the top 2.5% of ranked practitioners considered the “very best by peers and clients, achieving the highest number of recommendations in the research.” James and Yasmine are among only 23 individuals in North America—and only 8 lawyers practicing primarily as counsel—to receive such recognition. Chaffetz Lindsey is one of only 7 firms in the world with more than one Global Elite Thought Leader.

Additional accolades include Anibal Sabater, Caline Mouawad, Peter Chaffetz and David Lindsey as “Global Leaders in Arbitration” and Gretta Walters as a “Highly Regarded Future Leader,” one of 8 individuals in North America.

WWL: Arbitration 2024 is a culmination of months of research by WWL and GAR. Through nominations from peers and clients, the practitioners and experts listed have been recognized as the leading names in the field. Learn more here.

Caline Mouawad to Speak at International Court of Arbitration (ICC) Annual Events

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November 2023—Chaffetz Lindsey’s Caline Mouawad will participate in the ICC Institute Annual Colloquium on Monday, November 27th and the ICC Institute of World Business Law Annual Conference on Tuesday, November 28th.

The 26th Annual Colloquium of the ICC Institute of World Business Law “Arbitrators in Corporate Disputes: How far can they go?” is a members-only event held at the ICC Global Headquarters in Paris, France. The Colloquium will explore the limits of arbitrators’ powers in resolving corporate disputes and will be introduced by Institute members Olivier Caprasse, Caline Mouawad and José Maria Perez.

The next day, Caline will speak on a panel at the 43rd ICC Institute of World Business Law Annual Conference. The conference titled “Good Faith in International Arbitration: A Versatile Chameleon?” will assess when good faith comes into play at various stages of the international arbitration process and examine the efficacy and limitations of good faith as a legal tool supporting the arbitral process. The conference will take place in Paris, France at Les Salons de l’Hôtel des Arts et Métiers.

Caline will join the Tuesday afternoon panel “Good Faith in Investment Arbitration: What’s different?” and moderate a discussion between Laurie Achtouk-Spivak (Cleary Gottlieb), Sabrina Aïnouz (Squire Patton Boggs), Kabir Duggal (Arnold & Porter) and Samantha Rowe (Debevoise & Plimpton). The session will look at the importance of the good faith principle in international investment law, and how it affects and guides the tribunal’s consideration of the parties’ conduct and arguments at different stages of the proceeding, from making the investment, pre-dispute admissibility requirements, jurisdictional elements, and on the merits of the claims.

Learn more about the conference here.

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

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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.

Caline Mouawad to Join as Session Chair at 2023 IBA Annual Conference

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October 2023— Chaffetz Lindsey’s Caline Mouawad will join Sylvia Tonova (Pinsent Masons) as session chair of the Thursday morning panel “Highs and Lows in Investment Arbitration” at the 2023 IBA International Bar Association annual conference on November 2nd.

The panel will look into the main developments of the year in investment arbitration. Speakers include John Adam (Squire Patton Boggs), Professor Luca G Radicati di Brozolo (ArbLit), Levent Sabanogullari (Permanent Court of Arbitration) and Marie Stoyanov (Allen & Overy).

Caline, Co-Chair of the Investment Arbitration Subcommittee, will help conduct one of the committee’s traditional sessions of the year.

Learn more about the annual International Bar Association Conference and view the full program of events here.

Chaffetz Lindsey 2023 IBA Annual Conference Delegate Team

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October 2023 – Chaffetz Lindsey will be sending a team to the 2023 IBA Annual Conference, which is being held in Paris from October 29th to November 3rd. Peter Chaffetz, James Hosking, Aníbal Sabater, Andreas Frischknecht, Yasmine Lahlou, Caline Mouawad, and Erin Valentine will be in attendance.

During the week, Aníbal will speak Tuesday morning at 11:15am on a panel discussion of “Current trends in international and investment arbitration in Latin America,” which is organized by the Latin American Regional Forum (Lead) and Arbitration Committee. Caline is the workshop chair for the Arbitration Committee’s traditional session that looks into the main developments of the year in investment arbitration called “Highs and lows in investment arbitration” taking place on Thursday at 11:15am.

Chaffetz Lindsey has been actively involved with the IBA over the years. Currently, Andreas is an officer on the IBA Litigation Committee and Caline is Co-Chair of the IBA Investment Arbitration Subcommittee and is a member of the IBA Arbitration Committee’s Task Force on Privilege.

The International Bar Association (IBA) is the foremost organization for international legal practitioners, bar associations and law societies. The present membership is comprised of more than 80,000 individual international lawyers from 190 bar associations and 170 countries. The Annual Conference is the central event of the international legal community’s calendar, as it presents an unequalled opportunity to exchange knowledge and to create and renew a global network of colleagues and business contacts.

Caline Mouawad to speak at Seventeenth Annual Investment Treaty Arbitration

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October 2023— Chaffetz Lindsey’s Caline Mouawad will speak at the upcoming Seventeenth Annual Investment Treaty Arbitration Conference on Thursday, October 12th in Washington, DC. The four-panel program will feature leading arbitration practitioners and scholars who will tackle important questions of international investment law and arbitration.

The program format will focus on eight talented ITA “rising superstars” from all over the world, each taking a side in arguing one of four contentious issues. Each author will present and outline their argument papers, after which a panel of experienced and distinguished professionals will debate and discuss the positions taken by the authors and the issue more generally.

Caline will join the first panel of the day for the following discussion: “This coming December, the withdrawal of France, Germany, and Poland from the Energy Charter Treaty will take effect. Leaders in each of these states claimed withdrawal was necessary because ECT obligations were hindering efforts to combat anthropomorphic-driven climate change. Was this stated justification correct as a matter of international investment law?” The following individuals will participate in the panel:

Moderator:
Ian Laird (Crowell & Moring LLP)

Authors:
Correct: Lauren Blanchard (Crowell & Moring LLP)
Incorrect: Dominique S. Jones (Debevoise & Plimpton)

Panelists:
Mélida Hodgson (Arnold & Porter Kaye Scholer LLP)
Rahim Moloo (Gibson, Dunn & Crutcher LLP)
Caline Mouawad (Chaffetz Lindsey LLP)
Todd Weiler (Independent Arbitrator & IIDS Expert)

For more information and registration about the event, click here.

Caline Mouawad to Speak at 35th Annual ITA Workshop

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June 2023 – Chaffetz Lindsey’s Caline Mouawad will speak at the 35th Annual ITA Workshop on Thursday, June 15th. The panel titled “How the Arbitral Process Affects the Availability and Effectiveness of Monetary and Non-Monetary Relief” will discuss the need for an efficient and swift arbitration process in awarding non-monetary remedies. Caline will be joined by Stephen P. Anway (Squire Patton Boggs) and Anne-Veronique Schapfler (White & Case). The discussion will be moderated by Thomas Voisin (Quinn Emanuel Urquhart & Sullivan).

The 35th Annual ITA Workshop will take place in Austin, Texas from June 14th– June 16th. To kick off the conference, the firm will be sponsoring the Young ITA Roundtable event taking place on Wednesday, June 14th.

For more information about the event, click here.

About the Institute for Transnational Arbitration (ITA)

A division of The Center for American and International Law, ITA provides advanced, continuing education for lawyers, judges and other professionals concerned with transnational arbitration of commercial and investment disputes. Through its programs, scholarly publications and membership activities, ITA has become an important global forum on contemporary issues in the field of transnational arbitration.

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