Caline Mouawad Participated in Mock U.S. Supreme Court Argument on Section 1782 and Private Commercial International Arbitration

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Caline Mouawad Participated in Mock U.S. Supreme Court Argument on Section 1782 and Private Commercial International Arbitration

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November 2020 – On Friday, November 20th, Caline Mouawad participated in a mock Supreme Court argument on the question “Does 28 U.S.C. § 1782 Apply to Private International Commercial Arbitrations?,” hosted by Fordham University School of Law. During the mock argument, counsel and an esteemed panel of judges considered the legal question of whether a private international commercial arbitration is “a foreign or international tribunal” within the meaning of section 1782. In addition, the participants commented on what arguments may be most persuasive before the U.S. Supreme Court. This mock argument could not be more timely – on Monday, Servotronics, Inc. filed a petition seeking Supreme Court review of this very issue.

A recording of the Mock U.S. Supreme Court argument featuring Caline is available here. The mock argument was one of three sessions hosted by the Fordham Conference on International Arbitration and Mediation. Recordings of the other sessions are available here.

The program was part of New York Arbitration Week, which offers a variety of programming aimed at showcasing New York as a leading global seat for international arbitration and center for thought leadership. Chaffetz Lindsey is a sponsor of New York Arbitration Week

Caline Mouawad to Speak About Hot Topics in International Arbitration

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November 2020 – On Tuesday, November 17th, Caline Mouawad will speak about “Hot Topics in International Arbitration” at the 2020 International Bar Association’s Annual Conference. Caline will join other panelists to debate the most topical issues of the moment in international arbitration.

The virtual panel begins at 5:00am EST. IBA attendees can join here.

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.

Chaffetz Lindsey Sponsors New York Arbitration Week

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November 2020 -Chaffetz Lindsey is a sponsor of the second annual New York Arbitration Week, which begins today. Hosted by The New York International Arbitration Center (NYIAC) and the New York Branch of the Chartered Institute of Arbitrators (CIArbNY), New York Arbitration Week offers a variety of programming aimed at showcasing New York as a leading global seat for international arbitration and center for thought leadership.

On Wednesday, November 18th at 9:00am, Caline Mouawad will serve as a keynote speaker at “Stronger Together: Colloquy on Diversity and Perseverance” hosted by ArbitralWomen. Registration is available here. On Friday, November 20th at 1:00pm EST, Caline will act as counsel in “Does 28 U.S.C. § 1782 Apply to Private International Commercial Arbitrations? A Mock U.S. Supreme Court Argument,” hosted by Fordham University School of Law. Registration is available here.

On Thursday, November 19th at 130pm, Young International Arbitration Practitioners of New York (YIAP-NY) is hosting a networking session titled, “Resilience in Times of Crisis: A Look Beyond New York’s Borders.” May Khoury is involved in organizing the event. Registration is available here.

This year’s New York Arbitration Week will take place virtually. A full calendar of events is available here.

Chaffetz Lindsey Speaker Events at the 2020 IBA Annual Conference

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November 2020 – Chaffetz Lindsey partners, Caline Mouawad and James Hosking, are speaking at the International Bar Association’s Annual Conference, which is being held virtually from November 2nd – 27th.

On Tuesday, November 17th at 5:00am EST, Caline Mouawad will speak on a panel about “Hot Topics in International Arbitration.” Panelists will debate the most topical issues of the moment in international arbitration. IBA conference attendees can learn more here.

On Monday, November 23rd at 7:00am EST, James Hosking will participate in a panel discussion about “Emergency Arbitration: Taking Stock and Exploring Opportunities for Change.” Panelists will survey the emergency arbitrator rules now provided for by many of the major institutions and identify decisions applying those rules and make proposals for improvement as informed by the experience to date. IBA conference attendees can learn more here.

Chaffetz Lindsey is an active IBA participant—Andreas Frischknecht is an Officer of the Litigation Committee and a number of our attorneys are members of the Litigation, Insurance, and International Arbitration Committees.  This year, our conference delegation includes Peter Chaffetz, Andreas Frischknecht, James Hosking, Caline Mouawad, Andrew Poplinger, Erin Valentine, Gretta Walters and Rainbow Willard.

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.

Latinvex Ranks Yasmine Lahlou and Caline Mouawad in Latin America’s Top 100 Female Lawyers

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September 2020 – Yasmine Lahlou and Caline Mouawad have been recognized by Latinvex’s 2020 rankings of “Latin America’s Top 100 Female Lawyers.” This marks the third year in a row that Yasmine has been individually recognized by Latinvex and the second consecutive year for Caline.

Latinvex’s editorial staff selects the top 100 female lawyers specializing in Latin America among international law firms. 100 attorneys from 61 different firms were selected in 14 categories, some of which are Arbitration & Litigation, Banking & Finance, Capital Markets, Corporate/M&A, Energy, FCPA & Fraud and Project Finance.

Click here to view the publication’s rankings (note, a subscription to Latinvex may be required).

Latinvex publishes daily news and weekly analysis on Latin America business, including nearly 50 rankings benchmarking the region’s companies, countries and people. It provides extensive and unique coverage of Latin America’s legal, technology and energy sectors.

Caline Mouawad to Speak at 10th Investment Treaty Arbitration Conference

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September 2020 – On Thursday, October, 1st, Caline Mouawad will participate in a panel discussion titled, “Attribution of Harm” at the 10th Investment Treaty Arbitration Conference.

Registration is available here. Caline’s panel discussion will begin at 11:05am EST.

The conference is aimed at sharing treaty arbitration experience between senior government officials and top legal practitioners in the field. The event is organized under the auspices of the Ministry of Finance of the Czech Republic and hosted by the advisory firm KPMG Czech Republic.

Chambers Latin America Recognizes Chaffetz Lindsey’s International Arbitration Team

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September 2020 – Chambers & Partners recently released their 2021 Latin America guide, and once again recognized Chaffetz Lindsey’s International Arbitration expertise. Our firm has four partners listed in the rankings, a distinction shared only with three of the four Band 1 firms (Debevoise, Freshfields, and King & Spalding), and is the only New York-based boutique to be ranked. In addition, Chambers promoted Yasmine Lahlou to Band 4 (previously Band 5), citing that she “continues to impress interviewees with her skills.”

Chambers’ interviewees say, “We could not be more satisfied with our choice to work with Chaffetz Lindsey,” stating “They are always available and ready to have discussions to help us understand legal procedures and New York law.” Further comments on our ranked arbitration partners include:

  • James Hosking: “He is super knowledgeable, experienced and knows Latin America well.”
  • David Lindsey: “A great deal of experience acting on Latin American arbitration cases before various arbitral panels.”
  • Yasmine Lahlou: “”She was very on top of everything, knew her stuff and made things easy for us. It was just a very smooth experience.”
  • Aníbal Sabater: ““Very knowledgeable of investment arbitration and arbitration in general.”

Chambers & Partners is a world leader in researching the global legal profession, and identifying the leading lawyers and law firms. Chambers Latin America ranks the top lawyers and law firms with a presence in Mexico, Central America, the Caribbean and South America.

Click here to view Chaffetz Lindsey’s profile on Chambers’ website.

Legal 500 USA Recognizes Chaffetz Lindsey for Insurance and International Arbitration Disputes

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June 2020 – Legal 500’s 2020 USA rankings are out—Chaffetz Lindsey is once again the only New York-based boutique recognized for both International Arbitration and Insurance disputes. Legal 500 interviewees comment, “Chaffetz Lindsey is a unique firm as it is a boutique, with advantages which a boutique firm can offer in terms of arrangements, but which is still fully capable to provide excellent legal representation with an experienced team of lawyers.”

All five of Chaffetz Lindsey’s international arbitration specialists are individually recognized—David Lindsey is in the Legal 500 “Hall of Fame”, James Hosking is recognized as a “Leading Lawyer”, and Yasmine Lahlou, Caline Mouawad, and Aníbal Sabater are called out as “Next Generation Lawyers”.

Likewise, partners Peter Chaffetz and Steven Schwartz are in the “Hall of Fame” category on the “Insurance: Advise to Insurer” rankings. Cecilia Moss and Charles Scibetta are also both individually recognized as “Recommended Lawyers.”

For 33 years, Legal 500 has served as an independent guide on legal practices around the world, which conducts research based on interviews with clients and peer lawyers.

Chambers USA Recognizes Chaffetz Lindsey’s Insurance and International Arbitration Practice Areas

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May 2020 – Chambers & Partners’ 2020 USA Guide once again confirms that Chaffetz Lindsey is the go-to New York-based boutique for International Arbitration and Insurance disputes. Only 3 firms have New York partners ranked across both practice areas, and we are tied for the most ranked with 9 overall (5 in International Arbitration, 4 in Insurance).

For Insurance, we have more ranked New York partners than any other firm, no matter its size. In Chambers’ interviews, the firm is recognized by clients as a “brilliant, hard-working and well-oiled machine,” adding “they understand insurance and reinsurance in all of its nuances and complexities.” Some comments about our partners from recent Chambers reviews include:

  • Peter Chaffetz: A “legend in the insurance and reinsurance market.” “[A]n excellent and well-respected attorney who crafts arguments really well.“
  • Cecilia Moss: “Meticulous, well prepared and a strong leader.”
  • Steven Schwartz: “[S]imply amazing.” “[P]henomenal” grasp of reinsurance. “[E]xtremely articulate and extremely responsive.”
  • Charles Scibetta: “A great litigator.” “A really talented attorney.”

Peter Chaffetz and Steve Schwartz also continue to be recognized in the Insurance: Dispute Resolution: Reinsurance Nationwide rankings – Peter is one of only two attorneys in Band 1, and Chaffetz Lindsey is the only firm with multiple individuals ranked.

Chaffetz Lindsey is the only New York-based boutique to be included on Chambers’ International Arbitration Global, USA-Nationwide, and Latin America rankings. Chambers’ interviewees called our International Arbitration group a “talented team” that is “highly responsive and helpful” with a “really impressive set of lawyers.” Noting that the firm’s “experience in international dispute resolution is really unparalleled.” Comments on our ranked arbitration partners include:

  • James Hosking: “[V]ery impressive.”  “[V]ery talented and active” in large-scale disputes. (James is also ranked as one of the top Arbitrators in the USA.)
  • Yasmine Lahlou: “[S]he’s brilliant’ as an advocate.”
  • David Lindsey: “[E]xcellent” in the market. “[T]errific job” for his clients. “[P]remier counsel.”
  • Caline Mouawad: “She’s a superstar.”
  • Aníbal Martin Sabater: “[G]reat across the board and ticks every box.” [E]ffective at understanding the problem and thus capable of providing an effective solution or advice.”

Chambers & Partners is a world leader in researching the global legal profession, and identifying the leading lawyers and law firms. Chambers USA ranks the top lawyers and law firms across all the United States of America. Click here to view Chaffetz Lindsey’s profile on Chambers’ website.

Navigating a Crisis: Contract Disruptions and Delays—7 Key Steps

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The COVID-19 crisis has disrupted deals, projects, supply chains, and other transactions across the world. To handle the resulting potential disputes, you need lawyers who understand your transaction, not just the legal elements of force majeure, impossibility, MAE/MAC, etc. Despite the recent flood of client alerts, these legal concepts are not novel—lawyers everywhere know the basic rules. The best lawyers will dig deep to learn the complex commercial context surrounding the troubled transaction. By understanding the dispute in detail, and in the context of your business needs, we will help you develop your best arguments and strategy.

Every case is different, but here are some basic steps we follow with our clients when dealing with contract disruptions or delays:

    1. Determine Applicable Law. In some form, the concepts of impossibility, frustration, force majeure, etc. arise across multiple jurisdictions, but there are variations in application. Under New York law, for example, impossibility may be an excuse for non-performance even absent a specific contract clause permitting the defense. That is not so in all jurisdictions.
    2. Consider the Relevant Contract Provisions. Even where an impossibility defense may be available absent a specific contract provision, the contract terms are still paramount. They may modify, narrow, or broaden the scope of permissible excuses for non-performance in a crisis. Consider the contract as a whole.
    3. Take Steps to Avoid Disruption or Mitigate Damages. Parties who claim that non-performance is excused generally must show they were unable to avoid the non-performance. Parties claiming damage from non-performance need to take reasonable steps to mitigate their damages.
    4. Identify Potentially Relevant Procedural Provisions. Follow the contractual process for notifying and proving up a claimed excuse for non-performance.
    5. Identify Dispute Resolution Provisions. Your aim will be to avoid litigation or arbitration, but being prepared for formal proceedings is critical to winning them if you have to. Showing your preparation also is critical to achieving the best negotiated resolution, if one is available. Some contracts contain mandatory mediation or dispute escalation provisions that you will need to consider prior to formal proceedings.
    6. Assess Practical Considerations Beyond this Contract. Don’t lose track of how this particular delay or disruption impacts your entire business. Do other contracts (warranties/cross-defaults/contingencies) depend on your performance of this one? Will the financial impact of this delay cause any lost opportunities? Are there public relation needs to consider? What other stakeholders need to be brought into the loop? Identifying these issues early will maximize your options.
    7. Define Your “Win.” Keep the Team Focused on Achieving It. In light of all the commercial and legal realities, what is your best outcome? Agree on a budget for achieving it that contemplates all of your outside advisors, legal and otherwise. Make sure your entire team is working cohesively to stay on target and within budget. Reassess from time-to-time to gauge progress and to determine whether changing circumstances require you to adjust your ultimate goals.

 

 

Next Article in This Series —

Navigating a Crisis: Bankruptcy and Other Governmental Interference with Contracts

 

Click here to view our full list of COVID-19 Information and Resources.

Caline Mouawad Speaks at McGill University Faculty of Law Event in Montreal

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January 2020 – On Tuesday, January 21, Caline Mouawad will participate in a panel discussion in Montreal titled, “In the Hot Seat: Dealing with Corruption in International Arbitration.” Caline will join two other panelists to discuss an overview of corruption in international arbitration, offer their perspectives on applicable evidentiary standards, and provide their views on the duty of tribunals and arbitrators to report suspicions of corruption and the enforceability of the agreements themselves.

The event is sponsored by the McGill Journal of Dispute Resolution and the McGill Arbitration Student Society, and hosted by Norton Rose Fulbright LLP in Montreal.

Chaffetz Lindsey Recognized as a Leading Firm by Who’s Who Legal

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January 2020 – Chaffetz Lindsey was again recognized by Who’s Who Legal in its Arbitration 2020 survey as a “Leading Firm”, one of only five firms recognized as such in North America and the only boutique. Seven of the Chaffetz Lindsey team members were individually recommended as “thought leaders” or “future leaders,” including recently joined Caline Mouawad [read more]. Specifically, James Hosking, a “stalwart in the market”, was recognized as a “Global Elite Thought Leader”—WWL’s most prestigious ranking accorded to only twelve lawyers in North America (and 49 globally) . Peers singled him out as “an experienced arbitration and trial lawyer with an astute business sense and outstanding legal skills” and as a “strong advocate and excellent arbitrator.” Aníbal Sabater was described as a “top-tier lawyer” and his “ability to keep calm and make the point needed by the client under difficult and stressful situations” was particularly noted. And WWL recognized David Lindsey’s “30 years of experience as arbitrator and counsel in construction, infrastructure, and oil and gas disputes in Latin America.” In addition, WWL recommends as thought leaders each of Peter Chaffetz and Yasmine Lahlou, both of whom also featured in the 2020 WWL survey. Finally, counsel and rising star Gretta Walters, was recognized as an Arbitration Future Leader.

Who’s Who Legal surveys and analyzes the opinions of general counsel and law firm lawyers from around the world to put together a list of practitioners who are considered experts in their practice area. The “Future Leaders” list was created to recognize partners and non-partners aged 45 or under who are seen as the future leading figures of the international arbitration community. Who’s Who Legal is a sister publication of the Global Arbitration Review.

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