James Hosking to Speak About International Construction Arbitration in the US, Europe and Beyond

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James Hosking to Speak About International Construction Arbitration in the US, Europe and Beyond

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July 2021 – On Tuesday, July 13th, James Hosking will participate in a panel discussion titled, “International Construction Arbitration: A Comparative Law Update from the US, Europe and Beyond” hosted by Pinsent Masons and New York International Arbitration Center (NYIAC). James will join Clea Bigelow-Nuttall (Pinsent Masons), Dr. Patricia D. Galloway (Galloway Arbitration), Jason Hambury (Pinsent Masons), and Rekha Rangachari (NYIAC) to discuss significant developments and look at the year ahead in the resolution of international disputes in the construction sector. Agenda items include:

  • An Industry Perspective: factors affecting the construction sector today and what’s driving disputes being referred to arbitration
  • A Case Review of 2020: some of the key decisions before tribunals and the courts in 2020 that will influence construction arbitration in 2021 and beyond
  • Assessing Ongoing Changes in Investment Treaty Arbitration: impact on the construction sector and identifying implications for investors and states alike
  • Challenges for the construction around climate risk mitigation and how arbitration may be deployed to resolve future disputes in this arena

The webinar begins at 11:00am EST. Registration is available here.

ICCA Research Project Co-Edited by James Hosking and Yasmine Lahlou Shortlisted as GAR Awards 2021 “Best Development”

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June 2021 –Global Arbitration Review has included the ICCA research project, “Does a Right to A Physical Hearing Exist in International Arbitration?” on the shortlist for the “Best Development” of 2021 award. The ICCA report, co-edited by James Hosking, Yasmine Lahlou and Giacomo Rojas Elgueta, with support from Marcel Engholm Cardoso and Benedetta Mauro, surveys nearly 80 New York Convention jurisdictions, in which country reporters have provided reliable, jurisdiction-specific, information on the core legal questions posed by the increased use of remote hearings in international arbitration.

The project is 1 of 12 included in GAR’s “Best Development” shortlist. The winner, picked by GAR readers, will be announced, along with several other categories, at the virtual GAR Awards 2021 ceremony on July 1.

Registration for the GAR Awards 2021 is available here. Proceeds of the ceremony will go towards supporting GAR’s in-house charity, the Swawou School for Girls in Sierra Leone.

James Hosking Named to SCCA Rules Advisory Committee

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June 2021 – James Hosking has been appointed to serve on the Saudi Center for Commercial Arbitration’s (SCCA) Rules Advisory Committee. James joins Dr. Matthew Secomb (White & Case) and Prof. Dr. Mohamed Abdel Wahab (Zulficar & Partners) as three new members to be selected to the 15 member committee.

SCCA is a not-for-profit organization established to administer arbitration procedures in civil and commercial disputes where parties agree to refer their disputes to SCCA arbitration. The Rules Advisory Committee aims to advise SCCA on its Rules and Procedures and includes internationally highly reputed ADR experts and industry leaders from around the world, including independent international arbitrators, legal advisers who have worked in preeminent arbitral institutions, attorneys from Saudi and foreign companies, and law professors from internationally renowned universities.

James Hosking to Speak About Human Rights and Environmental Disputes at Luther Global Webinar Series

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June 2021 – On Wednesday, June 16, James Hosking will participate in a panel discussion titled, “Luther Global Webinar Series – The Future Starts Now – Recent International Trends in Human Rights and Environmental Disputes.” James will join Dr. Borbála Dux-Wenzel, LL.M. (Luther), Dr. Richard Happ (Luther), Simon Hotte (FIDAL, France), Jukka Weigel (BASF, Germany) and Robyn Buck (Bayer, USA) to discuss how litigation and arbitration of climate change, environmental and human rights issues are impacting corporate governance and what recent cases may portend for the future of international business.

The virtual event begins at 10:00am EST. Registration is available here.

The event is part of the Luther Global Webinar Series, which aims to address complex international issues involving technology, supply chain organization, life sciences, human rights and environmental arbitration and litigation.

Legal 500 USA Recognizes Chaffetz Lindsey as the Premier Boutique for Insurance Disputes and International Arbitration

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June 2021 – The Legal 500 USA 2021 Rankings are out and Chaffetz Lindsey was again recognized as the premier boutique firm for International Arbitration and Insurance disputes.

Referees noted that Chaffetz Lindsey “has the agility of a boutique outfit with the intellectual heft of a legal leviathan.” The firm was further recognized as having a “[s]mall, highly dynamic and extremely knowledgeable team, specializing in the conduct of complex commercial litigation and insurance/reinsurance disputes and US domestic as well as international arbitration.”

The firm’s Insurance practice was promoted to Tier 2 in the Insurance: Advice to Insurers ranking.  Among the 26 firms ranked in the practice area, Chaffetz Lindsey is the only boutique. Referees said that Chaffetz Lindsey provides “a tremendous group of dedicated professionals, masters in the practice of insurance and reinsurance law, who provide superior legal advice and professional judgment to their clients.”

Peter Chaffetz and Steven Schwartz are individually ranked in the “Hall of Fame” category. Referees call Steven Schwartz “one of the top reinsurance lawyers in the world,” also noting that Steve is “an outstanding trial lawyer and elegant writer. Triers of fact like and respect him because he eschews histrionics and is always well prepared to argue thoughtfully based on the facts and the law.”

Charles Scibetta and Cecilia Moss are also recognized as “Recommended Lawyers.” Referees noted that “Charles Scibetta, in particular, is intelligent, composed, pays attention to detail, and responsive. He is a pleasure to work with. I value an attorney that considers all potential options in litigation and then provides a recommendation on his own.”

Referees had the following to say about the firm’s Insurance team:

  • “The firm is incredibly responsive and thorough in their work, and they meet deadlines when requested. In researching and reviewing issues, they consider each matter on a case-by-case basis and from an industry-impact perspective. They are also pleasant people to work with.”
  • “I have worked with many of the firm’s professionals – their unique presence in a relatively small field of firms dedicated to this practice is the depth of knowledge and experience the firm brings to the fore.”
  • “The partners and associates alike are incredibly industrious and very knowledgeable about reinsurance and arbitration.”
  • “This boutique is largely dedicated to handling reinsurance disputes in arbitration and litigation, and has exceptionally talented lawyers with extensive experience in that area.”

Legal 500 recognized Chaffetz Lindsey’s International Arbitration team as “highly experienced in delivering a wide array of both investment and commercial arbitration services across borders.” The firm was promoted to Tier 2 in the Dispute Resolution: International Arbitration category – recognizing it as one of only 11 firms in the top two bands. Referees noted, “This practice brings big firm reputation to a boutique.”

In addition, six of the firm’s International Arbitration partners were individually ranked, receiving the following recognition:

  • “Department leader James Hosking is also highly experienced, with over 100 arbitrations under his belt; his recent practice stands out in the energy industry.” James is ranked as a Leading Lawyer.
  • “David Lindsey brings credibility to the group’s work due to his experience spanning over three decades; his recent work places an emphasis on acting for Brazilian clients in the construction sector.” David is ranked in the Hall of Fame.
  • Yasmine Lahlou is “qualified in multiple jurisdictions,” and has “dual qualifications in New York and France.” Yasmine is ranked as a Next Generation Partner.
  • “Caline Mouawad is an excellent, steady hand in arbitration. Her knowledge of the players, issues, and the ICC, means that there are no surprises and we go into any dispute prepared.” Caline is ranked as a Leading Lawyer.
  • “Aníbal Sabater is an extraordinary well-qualified lawyer and an excellent team leader. He personally is on top of the matters he handles.” Referees also note that Aníbal is “fully dedicated to international arbitration and very much respected by its peers.” Aníbal is ranked as a Leading Lawyer.
  • “Andreas Frischknecht is a key contact for German-speaking clients and arbitration enforcement mandates.” Andreas is listed as a Recommended Lawyer.

To view the firm’s profile and the rankings tables in their entirety, visit the Legal 500 website. Legal 500, an independent guide on legal practices around the world, conducts research based on interviews with clients and peer lawyers.

James Hosking to Debate the Desirability of Arbitrator Challenges at 33rd Annual ITA Workshop and Annual Meeting

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June 2021 – On Wednesday, June 16, at 2:10pm EST, James Hosking will participate in a mock debate at the 33rd Annual ITA Workshop and Annual Meeting. James will argue for the motion: “Challenges of Arbitrators Have Been on the Rise, Often for Tactical Reasons, and They Should Be Discouraged.” James will square-off against the formidable Melanie van Leeuwen of Derains Gharavi (Paris), in a debate moderated by Prof. Chiara Giorgetti of University of Richmond School of Law (Washington D.C.).  The (virtual) audience will get to determine who won the motion so be sure to register here.

Founded in 1986, the Institute for Transnational Arbitration (ITA) was created to educate business executives, government officials and lawyers about arbitration as a means of resolving transnational business disputes and to promote global adherence to the world’s principal arbitration treaties. The Annual Workshop is a highlight of the arbitration calendar in the United States.

Chambers USA Recognizes Chaffetz Lindsey’s International Arbitration and Enforcement Practices

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May 2021 – Chambers & Partners has recognized Chaffetz Lindsey as the elite boutique firm for International Arbitration disputes. Chaffetz Lindsey was ranked in Band 2 of the 2021 USA-Nationwide: International Arbitration: The Elite rankings—a promotion in rankings from prior years.  Listed as one of only nine firms in the top two bands, Chaffetz Lindsey is the only boutique.

Chambers noted, “The [Chaffetz Lindsey] team stands out as being highly specialized in international arbitration matters.” Clients say, “Their case presentation to the tribunal was compelling, and the team tirelessly worked to find new arguments or new angles to old arguments to bolster our case.”

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

  • James Hosking is noted by referees as “very focused and has great strategic thinking. He has the ability to present the challenges to the client in a clear way and propose solutions to better serve the client’s needs in the arbitration.” They also say, “he has his finger on the pulse, he knows the law and he understands the industries and the major players.” James is also included on the USA-Nationwide: Arbitrators Interviewees note “he is truly excellent and fairminded. He solicits the views of his co-arbitrators and seeks to make decisions by consensus.”
  • Yasmine Lahlou is “an incredible lawyer” who “handles the case perfectly.” Referees note, “She is so well organized, with a great strategic view on the construction of the arguments, and has very good experience in arbitral proceedings.”
  • An interviewee says, “I think very highly of David Lindsey. He’s a hard-working guy” and “he’s well respected.”
  • Caline Mouawad is praised by referees as “an excellent practitioner” who is a “hard-working and impressive lawyer.” An interviewee commented “I think Caline is really excellent and she does both commercial and investment treaty work.”
  • Referees say Aníbal Sabater “knows how to deal with these disputes and he handles the matter efficiently. He is particularly good at presenting arguments and defining strategy.” They go on to state that “he is very good in his analysis and work product.” Other sources note “he is really good and has excellent Latin American expertise.”

Chambers USA also released a new spotlight table for International Arbitration: Enforcement, recognizing a small number of firms with a nation-wide specialized practice in award and judgment enforcement. Sources say, “Chaffetz Lindsey has a brilliant, collaborative and creative litigation team with excellent knowledge of international litigation and practices.”

To view the firm’s International Arbitration profile, please visit our website or the Chambers USA website.  Since 1999, Chambers & Partners has been researching the global legal profession, identifying the leading lawyers and law firms. Chambers USA 2021 rankings are determined through interviews with thousands of lawyers and their clients worldwide. The results are audited independently and are based on a range of professional qualities most valued by clients.

Chambers USA Recognizes Chaffetz Lindsey’s Insurance, International Arbitration and Award Enforcement Practices

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May 2021 – Chambers & Partners has released its 2021 USA Guide and once again recognized Chaffetz Lindsey as the go-to New York-based boutique firm for Insurance and International Arbitration disputes. Chaffetz Lindsey is the only firm to be ranked in to the top two bands of both categories. In addition, ten Chaffetz Lindsey attorneys were individually ranked in the Insurance and International Arbitration practice areas.

Chaffetz Lindsey was ranked in Band 1 of Dispute Resolution: Insurer: New York.  It is one of only two firms to be included in the top tier.  Referees say, “Chaffetz Lindsey can always be relied upon to provide sophisticated solutions” and “it is one of the best law firms I have worked with.” 

In addition, the firm has more attorneys individually ranked for insurance than any other firm.  Our team received the following recognition:

  • Peter Chaffetz is ranked in Band 1 in both the New York Advice to Insurer table and the USA-Nationwide: Reinsurance list. Peter is noted as “extremely knowledgeable and specializes in the conduct of complex commercial litigation and insurance/reinsurance disputes.” Additionally, he was credited as “a top-notch lawyer who is very experienced and hard-working,” and “a very well-known and skilled reinsurance lawyer.”
  • Cecilia Moss is described by Chambers as “experienced in advising and litigating on behalf of insurance carriers in a range of coverage disputes.” Sources call her out as “a rising star in the reinsurance area.”
  • Referees called Steven Schwartz “an outstanding lawyer who is very knowledgeable and can handle any dispute work.” They go on to say “he is an excellent writer, trial lawyer, and strategist with extensive knowledge of the industry.” One referee noted that “when [Steve’s] on the other side of the table, I know I’m in for a good and fair fight. He’s very talented.” Steve is also ranked in the USA-Nationwide: Reinsurance table.
  • Sources say Charles Scibetta “knows the law inside and out and can easily spot issues. He can always be relied upon to come up with a novel and creative argument when needed and works tirelessly to achieve success. Charles Scibetta takes pride in providing great client service and takes the time to really understand our business and our needs as a client in each individual matter.” They go on to say he “is a strong lawyer with a well-rounded practice.”

The firm’s International Arbitration practice was moved up to Band 2 of USA-Nationwide International Arbitration: The Elite, making the firm the only boutique to be included in the top two bands of the rankings. Chambers noted, “The team stands out as being highly specialized in international arbitration matters.” Clients say, “Their case presentation to the tribunal was compelling, and the team tirelessly worked to find new arguments or new angles to old arguments to bolster our case.”

In addition, all of the firm’s core International Arbitration partners are individually ranked, receiving the following recognition:

  • James Hosking is noted by referees as “very focused and has great strategic thinking. He has the ability to present the challenges to the client in a clear way and propose solutions to better serve the client’s needs in the arbitration.” They also say “he has his finger on the pulse, he knows the law and he understands the industries and the major players.” James is also included on the USA-Nationwide: Arbitrators rankings. Interviewees note “he is truly excellent and fairminded. He solicits the views of his co-arbitrators and seeks to make decisions by consensus.”
  • Yasmine Lahlou is “an incredible lawyer” who “handles the case perfectly.” Referees note “She is so well organized, with a great strategic view on the construction of the arguments, and has very good experience in arbitral proceedings.”
  • An interviewee says, “I think very highly of David Lindsey. He’s a hard-working guy” and “he’s well respected.”
  • Caline Mouawad is praised by referees as “an excellent practitioner” who is a “hard-working and impressive lawyer.” An interviewee commented “I think Caline is really excellent and she does both commercial and investment treaty work.”
  • Referees say Aníbal Sabater “knows how to deal with these disputes and he handles the matter efficiently. He is particularly good at presenting arguments and defining strategy.” They go on to state that “he is very good in his analysis and work product.” Other sources note “he is really good and has excellent Latin American expertise.”

Chambers USA released a new spotlight table for USA-Nationwide: Enforcement. Chaffetz Lindsey is one of twenty firms to be included on the new list.  Sources say, “Chaffetz Lindsey has a brilliant, collaborative and creative litigation team with excellent knowledge of international litigation and practices.”

To view the firm’s entire profile, please visit the Chambers USA website.  Since 1999, Chambers & Partners has been researching the global legal profession, identifying the leading lawyers and law firms. Chambers USA 2021 rankings are determined through interviews with thousands of lawyers and their clients worldwide. The results are audited independently and are based on a range of professional qualities most valued by clients.

James Hosking and Gretta Walters to Speak About the ICDR’s Revised Rules

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May 2021 – On Wednesday, May 26th, James Hosking and Gretta Walters will participate in a panel discussion titled, “The ICDR’s Revised International Arbitration Rules – Inspirations, Interpretations and Insights.” Gretta will moderate the discussion between James, Martin Gusy and the ICDR’s Luis Martinez. The panelists will provide arbitrator, counsel and institutional perspectives on the latest iteration of the ICDR Rules, analyzing what changed, what remained the same, and how the changes compare to other rules. The event begins at 9:00am EST. Registration is available here.

For background on the revisions, see “The ICDR Revises Its International Dispute Resolution Procedures, “ in which James and Gretta highlight the most significant changes.  Additionally, James and Martin are co-authors of “A Guide to the ICDR International Rules (second edition),” the leading commentary on the ICDR’s International Rules. Gretta serves as a member of the ICDR Y&I Executive Board.

James Hosking to Speak on “Adapting Advocacy to the Remote Hearing Forum” for CPR

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March 2021 – On Tuesday, March 23rd, James Hosking will participate in a panel discussion about “Adapting Advocacy to the Remote Hearing Forum.” Hosted by the CPR Arbitration Committee, the webinar will feature insights from the perspective of an arbitrator, counsel and communications specialist.

The webinar begins at 12:30pm EST. Registration is available here.

CPR is an independent nonprofit organization that helps prevent and resolve legal conflict more effectively and efficiently. Its Arbitration Committee is a resource for corporate counsel, lawyers, academics and practitioners seeking rigorous analysis of issues related to improving the quality of domestic and international arbitration.

“Does a Right to a Physical Hearing Exist in International Arbitration?”: ICCA Project Releases Second Tranche of National Reports

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March 2021 – In September 2020, Co-editors Giacomo Rojas Elgueta, James Hosking and Yasmine Lahlou, in collaboration with ICCA, formally launched the research project “Does a Right to a Physical Hearing Exist in International Arbitration?”  The project arises from the need for reliable, jurisdiction-specific, information on the core legal questions posed by the increased use of remote arbitral hearings due to the COVID pandemic.

As the project’s centerpiece, the Co-editors sought expressions of interest to participate as national reporters in a comparative survey. The response was overwhelming: around 150 applications covering some 86 New York Convention jurisdictions. Thanks to the national reporters, the Co-editors are now compiling a uniquely comprehensive resource with input from across the globe.

All reporters were provided a standard survey questionnaire and model response. The survey, and therefore each national report, aims to provide clear and user-friendly answers to questions such as: Is a right to a physical hearing expressly provided by – or can it be inferred from – the relevant arbitration law; what is the impact of the parties’ agreement on the arbitrators’ procedural discretion to order a remote hearing; and can remote hearings affect the enforceability of an award?

The Co-editors are pleased to release the second tranche of national reports from an additional 20 Convention jurisdictions: Austria, Barbados, Bolivia, Bulgaria, the British Virgin Islands (BVI), Chile, Costa Rica, Egypt, Germany, Guatemala, Hong Kong, Kenya, Mauritius, the Netherlands, Nigeria, the People’s Republic of China, Portugal, Sweden, Switzerland and Ukraine. The latest round of reports reinforces core trends and key divergences found in the first tranche of reports. A summary of key findings from the reports is available here.

These national reports come in addition to the 26 that have been individually published on this dedicated page of the ICCA website. Around 30 more national reports will become available by the end of April 2021.

The publication of the survey results will be followed by a general report that will appear as an installment of the ICCA Reports Series. In addition to the Co-editors’ analysis of the findings of the survey, the report will include a series of essays addressing the interplay between remote hearings and key conceptual issues in international arbitration. The report will be presented at the XXVth ICCA Congress to be held in Edinburgh in September 2021.

Law360 Quotes Peter Chaffetz and James Hosking in “Int’l Arbitration Boutiques Flourish As BigLaw Gets The Slip”

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March 2021 – Law360 recently published “Int’l Arbitration Boutiques Flourish As BigLaw Gets The Slip,” which highlights the growing trend for prominent international arbitration practitioners to leave their global law firms to form smaller, more specialized firms.  The article acknowledges Chaffetz Lindsey for having pioneered this approach when its founding partners left Clifford Chance to start the firm in 2009.  The article prominently quoted two of our founding partners, Peter Chaffetz and James Hosking.

When asked about international arbitration teams opting to leave the big firm model, James said conflicts are often an issue and explained, “There are lots of advantages to being in a big firm, but it doesn’t necessarily gel for an international arbitration-specialized practice.  I think a lot of top teams have decided that rather than jump to another firm, the better option is to try and address those issues by opening their own boutique … there’s really been a discernible trend in that direction.”

Peter Chaffetz highlighted that international arbitration practices obtain new work very differently from other practice areas.  According to Peter, “You really have to make your way, and maintain and build your profile in this community internationally, and not all the big institutional firms — which are more bean-counting oriented — are able to be comfortable with the particular needs of this practice area. Even though everybody wants it, they don’t all know how to nurture it. When you have your own firm, you can figure out how to nurture it.”

To learn more about the continuing emergence of international arbitration boutiques, read the full article on Law360’s website here (a subscription might be required).

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