Chaffetz Lindsey Acts as Amicus Counsel for Leading International Arbitration Scholar Before the United States Supreme Court

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Chaffetz Lindsey Acts as Amicus Counsel for Leading International Arbitration Scholar Before the United States Supreme Court

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April 2023 – Chaffetz Lindsey has submitted an amicus brief to the United States Supreme Court on behalf of amicus curiae Professor George A. Bermann in Yegiazaran v. Smagin, Case Nos. 22-381 & 22-383 (U.S.), a petition on writs of certiorari to the United States Court of Appeals for the Ninth Circuit addressing the use of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 1961-68, as a tool to enforce an international arbitral award against an award debtor allegedly engaging in prohibited racketeering activity to avoid effective execution of an international arbitral award that was recognized and enforced in the United States.

In Smagin, the Ninth Circuit confirmed that a foreign-domiciled award creditor deprived of the effective execution of a United States judgment recognizing and enforcing a foreign arbitral award in the United States could meet the “domestic injury” requirement for standing under RICO per the Supreme Court’s decision in RJR Nabisco v. European Community, 136 S. Ct. 2090 (2016).  The Petitioners—the award debtor and CMB Monaco, an alleged participant in the RICO scheme—urged the court to reverse and find that foreign domiciliaries lacked standing to bring such claims.  Chaffetz Lindsey and Prof. Bermann, the Director of the Center for International Commercial and Investment Arbitration at Columbia Law School and Chief Reporter for the Restatement (Third) of the U.S. Law of International Commercial and Investor-State Arbitration, urged the court to affirm, explaining the Petitioners’ argument relied on outdated and inapposite choice of law principles regarding the situs of injury in tort claims and that the use of RICO to ensure effective execution of international awards enforced in the United States is consistent with the United States’ obligations under the 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

The brief stressed that the place of the alleged injury in such a case is localized in the United States, and that treating the domicile of the award creditor as dispositive in determining the place of injury would lead to absurd and untenable results.

The Chaffetz Lindsey team on the brief included Andreas Frischknecht, James Hosking, and David S. Blackman, all of whom are active members of the international arbitration community in New York.  Chaffetz Lindsey will continue to be active in both monitoring and shaping this important area of law as it develops.

Read more about this case here (Law360 subscription required):

Chaffetz Lindsey Named One of Four Leading Firms in North America by Who’s Who Legal

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December 2022— Who’s Who Legal Arbitration has released their 2023 rankings with the top names in arbitration, ranking seven Chaffetz Lindsey team members amongst the elite group. Among the team, both James Hosking and Yasmine Lahlou have been named as “Global Elite Thought Leaders”, with just 17 individuals receiving such recognition in North America & the Caribbean. According to Who’s Who Legal this title is 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.” Chaffetz Lindsey is one of only 8 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 “Future Leader (Partner) in Arbitration.”

Chaffetz Lindsey has also been highlighted as one of four “Leading Firms” in North America and the Caribbean in the Legal Marketplace Analysis.

“This year’s guide highlights the top arbitration practitioners globally, who variously impress with their persuasive work as counsel and their expertise on arbitration panels,” Who’s Who Legal states.

Here’s what Who’s Who Legal had to say about the team:

  • James Hosking has “an excellent reputation” as “a thought leader” in the field with peers describing him as “responsive, efficient and sharp”.
  • Yasmine Lahlou is “a very experienced” practitioner and “effective advocate” according to market commentators who add that she is “extremely knowledgeable about international arbitral procedures”.
  • Caline Mouawad is lauded as “an absolute star” who is “an excellent choice” for investment treaty arbitration.
  • Having amassed over 25 years of experience, Aníbal Martín Sabater is “a well-respected and knowledgeable” figure with a focus on international commercial and investment arbitration.

James Hosking Appointed Vice President of SCCA Court

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December 2022— Chaffetz Lindsey’s James Hosking has been appointed a Vice President of the newly created Saudi Center for Commercial Arbitration (SCCA) Court. The 15-member court is composed of arbitration experts from around the world, and headed by President Prof. Jan Paulsson (Consultant and Independent Arbitrator, Manama, Bahrain) and James’ co-Vice President Dr. Ziad Bin Abdulrahman Al-Sudairy (Independent Arbitrator and Principal of The Law Office of Ziad A. Al-Sudairy, Riyadh).

The scope of the SCCA Court’s work will include the review of emergency applications, the determination of jurisdictional objections, the administrative appointment of arbitrators, the determination of arbitrator challenges, the initial determination of the place of arbitration, the final determination on the number of arbitrator disputes, the fixing of advance deposits as well as final payouts for neutrals, and the review of awards.

Learn more about the SCCA Court members here.

About the SCCA

The Saudi Center for Commercial Arbitration (SCCA) is a non-profit organization established in 2014 to administer Alternative Dispute Resolution (ADR) procedures in commercial disputes where parties agree to refer their disputes to SCCA arbitration and mediation, in accordance with regulations in force and judicial principles of civil and commercial procedure. The SCCA’s growing caseload has now seen participation by parties from 21 countries around the globe.

James Hosking Appointed Vice President of SCCA Court

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December 2022— Chaffetz Lindsey’s James Hosking has been appointed a Vice President of the newly created Saudi Center for Commercial Arbitration (SCCA) Court. The 15-member court is composed of arbitration experts from around the world, and headed by President Prof. Jan Paulsson (Consultant and Independent Arbitrator, Manama, Bahrain) and James’ co-Vice President Dr. Ziad Bin Abdulrahman Al-Sudairy (Independent Arbitrator and Principal of The Law Office of Ziad A. Al-Sudairy, Riyadh).

The scope of the SCCA Court’s work will include the review of emergency applications, the determination of jurisdictional objections, the administrative appointment of arbitrators, the determination of arbitrator challenges, the initial determination of the place of arbitration, the final determination on the number of arbitrator disputes, the fixing of advance deposits as well as final payouts for neutrals, and the review of awards.

Learn more about the SCCA Court members here.

About the SCCA

The Saudi Center for Commercial Arbitration (SCCA) is a non-profit organization established in 2014 to administer Alternative Dispute Resolution (ADR) procedures in commercial disputes where parties agree to refer their disputes to SCCA arbitration and mediation, in accordance with regulations in force and judicial principles of civil and commercial procedure. The SCCA’s growing caseload has now seen participation by parties from 21 countries around the globe.

James Hosking, Caline Mouawad & David Blackman to Speak at the 16th Annual Investment Treaty Arbitration JURIS Conference

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October 2022— Chaffetz Lindsey’s James Hosking, Caline Mouawad and David Blackman will be speaking at the upcoming 16th Annual Investment Treaty Arbitration conference on Friday, October 14th, 2022. The four panel event – being held in Washington, DC — will host leading arbitration practitioners and scholars from around the globe to discuss international investment law and arbitration.

Each panel will feature a topic question and two authors whose writings have taken opposing views. A moderated panel will engage in a discussion of the topic question and the writings of the authors. We are pleased to have three Chaffetz Lindsey attorneys featured on the panels:

Additional event details including in-person and virtual registration is available on the conference page here. Chaffetz Lindsey is pleased to sponsor this event.

James Hosking and Yasmine Lahlou Celebrate Launch of ICCA Report at 2022 Edinburgh Conference

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September 2022— Attendees of the ICCA 2022 Edinburgh conference will celebrate the launch of the ICCA Report “Does a Right to a Physical Hearing Exist in Arbitration?” co-edited by Chaffetz Lindsey’s James Hosking and Yasmine Lahlou and D|R Arbitration & Litigation’s Giacomo Rojas Elgueta. On Wednesday, September 21st the co-editors will present the Report, summarizing key takeaways from the 78 national reports collated from around the globe and including eight essays on cutting-edge issues around remote arbitration hearings.

To close out the event, a moderated panel of thought leaders in the space will debate how remote hearings can be used in a post-pandemic world. Speakers include Kingshuk Banerjee, Valentine Chessa, Hussein Haeri, Yoshimi Ohara, and Franz Schwarz.

The ICCA 2022 conference is taking place September 18th-September 21st in Edinburgh, Scotland. The event titled ‘Arbitration’s Age of Enlightenment?’, explores ideas to adapt to a fast-changing environment, and shape the future of international arbitration. Learn more about the conference here.

About ICCA

The International Council for Commercial Arbitration (ICCA) is a global non-governmental organization devoted to promoting the use and improving the processes of arbitration, conciliation and other forms of international dispute resolution.

Chaffetz Lindsey to Sponsor DIS Autumn Conference Thursday, September 15th

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September 2022— Chaffetz Lindsey will be sponsoring the upcoming German Arbitration Institute (DIS) Autumn Conference taking place Thursday, September 15th, 2022 in Berlin, Germany. The conference titled “Disputes in an Age of Uncertainty – Managing the Energy Transition” will examine the many issues associated with the inherent uncertainty faced by energy companies due to a combination of energy transition, the war in Ukraine and the pandemic. Chaffetz Lindsey partners James Hosking and Andreas Frischknecht will be in attendance in Berlin.

The conference is part of the “Berlin Dispute Resolution Days” taking place this year for the first time from September 13th-September 16th.

For more information and the full program, visit the conference website.

About German Arbitration Institute:

The German Arbitration Institute (DIS) is the leading institution in Germany for the administration of arbitrations and alternative dispute resolution proceedings for national and international commercial disputes.

Chambers Latin America 2023 Ranks Chaffetz Lindsey’s International Arbitration Practice Among Best in the Region

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August 2022 – The recently released Chambers & Partners Latin America 2023 rankings once again recognized Chaffetz Lindsey’s international arbitration practice as a standout among elite firms and lawyers across the region. Chambers praises Chaffetz Lindsey’s practice as an “esteemed international arbitration outfit [that] offers valued expertise in Latin American mandates” and one that is “in high demand among prominent international and regional corporate groups for its knowledge of commercial disputes.” Chaffetz Lindsey is the only Americas-based boutique firm included in the rankings.

Clients highlighted the firm’s impressive organization, reliability and the comfort the team engenders.

Chaffetz Lindsey is one of the only firms that feature four individually ranked partners, all of whom have been recognized in the International Counsel ranking table. Aníbal Sabater has also earned special recognition as a leading arbitrator on the Arbitrators in International Counsel ranking table. Chambers provided comments on the following members of the team:

  • Esteemed partner Aníbal Martin Sabater is widely recognised by the market for his impressive track record leading investment treaty arbitration cases across Latin America. His practice includes solid expertise assisting clients with commercial controversies and also acting as arbitrator in complex disputes in the region. Lauding his skills as counsel, one client declares: “He has a lot of practical experience in arbitration. He can provide advice on the law as well as on how to move. He is also very calm and his reasoning is rational.”
  • James Hosking continues to assist key clients with commercial and infrastructure construction disputes in Latin America, particularly in Argentina and Mexico. He also advises investors on bilateral investment treaty cases. “James Hosking is super sophisticated. He knows how to approach hot issues, and goes to the core of each matter,” points out a market onlooker.
  • Yasmine Lahlou is adept at handling commercial arbitrations in Latin America arising out of joint operating agreement disputes and construction claims. Lauding her solid expertise, one client declares: “Yasmine Lahlou delivers a very strong service and she is one of the best in her field.”
  • David Lindsey enjoys a wealth of experience acting on Latin American arbitration cases before various arbitral panels. He possesses solid expertise advising oil and gas and construction companies on commercial disputes arising from joint operating agreements and EPC contracts.

To view the firm’s International Arbitration profile, please visit our website or the Chambers Latin America website.

About Chambers Latin America

Chambers Latin America ranks the top law firms and lawyers across the region based on in-depth research conducted throughout the year and determined through interviews with thousands of lawyers and their clients worldwide. Read more about Chambers’ methodology here.

James Hosking to Speak at ICDR Seminar Thursday, July 28th

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July 2022— Chaffetz Lindsey’s James Hosking will join William Crosby, Martin F. Gusy, Jean-Remi de Maistre, Wendy Venoit and Eric P. Tuchmann to discuss stakeholders’ perspectives on legal research in international arbitration. The panel titled “Legal Research, International Awards, and Confidentiality Pursuant to the ICDR Rules- What is really out there?” will take place in person on Thursday, July 28th at the International Centre for Dispute Resolution’s New York headquarters.

The discussion will focus on the latest developments in availability of international arbitration awards and information on arbitrators as well as providing an update on recent initiatives at the ICDR as reflected in the revised International Arbitration Rules. The program will also include a demonstration by Jus Mundi of their platform and partnership with the ICDR to highlight available data, as well as a discussion by Martin and James of how they conducted research for the second edition of the leading commentary “Guide to the ICDR’s International Arbitration Rules.” The panel will consider how confidentiality and party autonomy can co-exist with competing demands for transparency in the resolution of global business disputes.

Chaffetz Lindsey is a proud co-sponsor of the event.

Event Details:
Date: July 28th, 2022
Time: 5:00pm-6:30pm EST | Panel Discussion – Q&A
6:30pm-8:00pm EST | Cocktail Reception
Location: AAA-ICDR, 150 East 42nd Street, 17th Floor, New York
Registration: Email MontanoA@adr.org to register. Event is free of charge.

About ICDR
The ICDR—International Centre for Dispute Resolution— is the international division of the largest arbitral institution in the world, the American Arbitration Association® (AAA®). The ICDR is the foremost provider of global conflict-resolution solutions to businesses and organizations involved in cross-border disputes.

NYIAC Annual Grand Central Forum: Exploring the UNCITRAL-ICSID Code of Conduct for Adjudicators

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July 2022— Chaffetz Lindsey is pleased to be involved in the upcoming NYIAC Annual Grand Central Forum taking place on Wednesday, July 13th from 6:30pm-9:30pm EDT. The event is available to attend both virtually and in-person at Debevoise & Plimpton, NYC.

The program will highlight the newly-released draft UNCITRAL-ICSID Code of Conduct and the important questions that remain regarding the challenges of so-called “double-hatting” by arbitrators in international investment arbitration.  The interactive session will include speakers Andrea Bjorklund, Kate Brown de Vejar, Andrés Jana, Lauren Mandell and will be moderated by Donald F. Donovan.

The schedule will include time for Q&A, discussion and networking:

  • 6:00pm: Welcome | Delegate Check-In
  • 6:30pm: Substantive Session
  • 7:45pm: Q&A
  • 8:00pm: Networking | Cocktails & Canapés
  • 9:00pm: Close of Session

To attend the event in-person click here; to attend virtually click here.  The event has been organized under the direction of co-chairs of the NYIAC Program Committee Marisa Marinelli and Chaffetz Lindsey’s James Hosking, together with co-secretaries of the committee Arantxa Cuadrado and Chaffetz Lindsey associate Marcel Engholm.

About NYIAC:

The New York International Arbitration Center (“NYIAC”) is a nonprofit organization formed to advance, strengthen and promote the conduct of international arbitration in New York.

Filed Under: Uncategorized

Legal 500 Recognizes Chaffetz Lindsey‘s International Arbitration and Insurance Teams and Eleven Partners in 2022 USA Report

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June 2022— Chaffetz Lindsey’s International Arbitration and Insurance teams have been recognized in the 2022 Legal 500 USA report. Both teams received a Tier 2 ranking among the top 10 practices in the country.

In addition, eleven Chaffetz Lindsey partners have been individually recognized in the report.

On the International Arbitration list, James Hosking, Caline Mouawad and Anibal Sabater were named Leading Lawyers, Yasmine Lahlou has been named a Next Generation Partner, and Gretta Walters made her first appearance on the table as a Rising Star. David Lindsey received the Hall of Fame honor and Andreas Frischknecht was noted as a Recommended Lawyer. For Advice to Insurers, Peter Chaffetz and Steve Schwartz are both listed on the Hall of Fame. Cecilia Moss and Charlie Scibetta are listed as Recommended Lawyers.

Legal 500 referees had the following to say about the firm:

‘Chaffetz Lindsey is one of the premier boutique construction and investment arbitration law firms that I have had the pleasure of working with. Lawyers are consummate professionals and have always stood out to me as one of the most prepared legal teams that I get to work with.’

‘Chaffetz Lindsey is an international arbitration boutique, capable of fully conducting complex cases in several languages, which is a highly appreciated asset in the LatAm market. Partners are 24/7 available to clients. They work seamlessly with local counsel.’

‘Chaffetz Lindsey’s arbitration team provides high-level services, with sophistication and dedication to the client. My personal experience as second chair in an arbitral case has been greatly enriched by the professionalism and organization of the partners and associates.’

‘I have worked with Steve Schwartz and Charles Scibetta. They are both very experienced reinsurance lawyers who give sound legal and practical advice. I have not had better experience elsewhere.’

‘Peter Chaffetz and Andrew Poplinger are very “hands-on” and very accessible throughout our engagement. They worked quickly and efficiently to enable us to meet tight deadlines. They quickly grasped our business priorities and devised a strategy to achieve those goals. Both Peter and Andrew showed an excellent grasp of the industry and they were very well versed in the applications we were making, showing helpful insights which influenced our strategy which delivered an great outcome.’

Chaffetz Lindsey’s recognition follows:

Dispute Resolution: International Arbitration

Band 2: Chaffetz Lindsey
Hall of Fame: David Lindsey
Leading Lawyers: James Hosking, Caline Mouawad, Aníbal Sabater
Next Generation Partner: Yasmine Lahlou
Rising Star: Gretta Walters
Recommended: Andreas Frischknecht, Anibal Sabater, Caline Mouawad, David Lindsey, Gretta Walters, James Hosking, Yasmine Lahlou

Insurance: Advice to Insurers

Band 2: Chaffetz Lindsey
Hall of Fame: Peter Chaffetz & Steve Schwartz
Recommended: Cecilia Moss, Charles Scibetta, Peter Chaffetz, Steve Schwartz

The Legal 500 Series ”highlight[s] the practice area teams who are providing the most cutting edge and innovative advice to corporate counsel.” “[Their] research is based on feedback from 300,000 clients worldwide, submissions from law firms and interviews with leading private practice lawyers, and a team of researchers who have unrivalled experience in the legal market.”

Chambers USA Recognizes Chaffetz Lindsey As An Elite Boutique Firm for International Arbitration and Enforcement

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June 2022 – Chaffetz Lindsey is pleased to be recognized in Chambers & Partners as the elite boutique firm for International Arbitration disputes. Chaffetz Lindsey was ranked in Band 2 of Chambers’ 2022 USA-Nationwide: International Arbitration: The Elite rankings. The firm is the only US-based boutique to make The Elite list.

Chambers noted, “Chaffetz Lindsey has a very diverse practice and a team of impressive, high-quality lawyers.”

In addition, five of Chaffetz Lindsey’s International Arbitration partners were individually ranked. The team received the following recognition:

  • James Hosking is ranked in Band 1 of USA International Arbitration: Counsel.  James is called out by clients as an “extraordinary lawyer – he’s clever, available, and adopts a practical approach.” “He’s a real thinker and is deeply immersed in this sector. He’s the real deal.” “James is very skilled and a great attorney for complex arbitration proceedings.” James is also recognized as a prominent arbitrator on the USA International Arbitration: Arbitrator table.
  • Yasmine Lahlou “is technically excellent and leads her team very efficiently.” “She’s great and a real force in the arbitration community.” “Yasmine is extremely impressive on her feet.”
  • Caline Mouawad is praised by referees as “absolutely fantastic and a very dedicated and hard-working lawyer.” “Caline is very bright, cognizant of our needs and is really thinking hard about the issues. She is great to work with and her writing style is fantastic.“
  • Referees say Aníbal Sabater “has a lot of experience in investment arbitration. He is excellent in strategy and always sees the bigger picture.” “He’s a really terrific arbitrator and can conduct proceedings in both English and Spanish. He is extremely knowledgeable, has great judgment and is very fair.” In addition to being ranked as counsel, Anibal is recognized among the top arbitrators on the USA International Arbitration: Arbitrator table.
  • Likewise, David Lindsey is called out as “a very prominent arbitrator.”

The team was also recognized on the International Arbitration: Enforcement table, which notes a small number of firms with a nation-wide specialized practice in award and judgment enforcement.

To view the firm’s International Arbitration profile, visit our website or the Chambers USA website.

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