Andy’s May 4 session on “Hot Topics in E-Commerce: Privacy, Jurisdiction and General Terms and Conditions” will explore both current trends and anticipated future developments in cross-border disputes in the rapidly evolving world of e-commerce.
March 2023— Chaffetz Lindsey’s Matilde Flores and Silvia Marroquin will speak at the 3rd NYU Sciences Po Intergenerational Arbitration Symposium: “Hot Topics in International Arbitration” on Friday, March 24th. The event offers an opportunity to confront the visions of young professionals at the beginning of their careers with those of experienced practitioners on pressing issues in arbitration.
Silvia will moderate the 10:15am discussion “Open Questions in International Arbitration” between Jonathan Schaffer-Goddard (Holwell Shuster & Goldberg) and Paola Patarroyo (New York University), with Brian King (Independent Arbitrator) as debater.
Matilde will speak on how to prove corruption in international arbitration during the 11:20am session “Corruption Allegations in International Arbitration” opposite of Ezequiel Vetulli (Freshfields), with Daniel Schimmel (Foley Hoag) as debater.
The event will take place at NYU Law School (Lester Pollack Colloquim Room, 245 Sullivan St. New York).
March 2022 — Practical Law The Journal’s Winter 2022 issue featured a spotlight article by Chaffetz Lindsey’s Andrew Poplinger, Yasmine Lahlou and Silvia Marroquin titled “The Functus Officio Doctrine: Arbitrators’ Authority to Reconsider and Modify Awards.” This article originally appeared in Practical Law in October 2020, and the republication emphasizes the practicality and relevance of the functus officio doctrine.
The common law doctrine of functus officio provides that once arbitrators issue an award, their authority as arbitrators is exhausted and they no longer have the power to re-examine that award. While the doctrine recognizes the importance of upholding the integrity and finality of arbitration awards, it limits the ability of arbitrators to rectify mistakes in or otherwise modify a final award, even where a serious substantive error has been made. Counsel involved in arbitration should be aware of the parameters of the functus officio doctrine and the recognized exceptions to effectively address issues when bifurcating their cases and after the tribunal renders an award.
Read the complete article here.
October 2021 — Energy Related Arbitration Practitioners (ENERAP) is a worldwide forum that aims to promote the development of arbitration through the study of the characteristics, complexities and challenges involved in commercial and investment arbitration proceedings related to the energy sector. Chaffetz Lindsey attorneys Gretta Walters and Silvia Marroquin are founding members of the newly launched NY Chapter, and Aníbal Sabater serves as an advisor to the organization.
The inaugural event for the New York Chapter takes place on October 19th from 10-11am ET. The webinar, titled “Overview of the Global Energy Market and the Impact of Regulatory Changes on New York Practitioners” features an esteemed group of panelists including Liliana Diaz (Managing Director, FTI Consulting), Michael B. Gerrard (Andrew Sabin Professor of Professional Practice and Director, Sabin Center for Climate Change Law, Columbia Law School), and José V. Zapata (Partner, Holland & Knight). Gretta Walters will moderate.
To attend this event, please register here. Chaffetz Lindsey is pleased to co-sponsor the webinar.
In a year where a global pandemic has limited our ability to connect in person, we’d like to take this opportunity to wish you all the best for 2021 and to share some of our team’s highlights from 2020.
We began 2020 by adding key lateral partners Caline Mouawad and Alan Lipkin. Caline deepens our strength in international arbitration while Alan has brought us leading bankruptcy and restructuring expertise.
Perhaps because we started our firm in difficult times in 2009, we have remained optimistic in the face of the pandemic and its effects on the world and our city. Even as we went into lockdown and remote working, we took the decision to keep building with the hiring of associates Silvia Marroquin, Eli Meltz, and Alicia Yeo. They join our elite associate team that compares favorably to anyone’s in talent and exceeds most in enthusiasm and commitment to our clients.
We also had some big wins this year as summarized below in our “Practice Highlights.” Along the way, our caseload has grown to nearly $19.5 billion in dispute. We completed six plenary arbitration hearings, and briefed and argued a number of major, dispositive motions in court. Most importantly, we found new ways to keep our team connected and to communicate with our clients and community. We organized over 40 virtual internal and external events and published 24 articles.
We also all contributed – both as a firm and individually – to support those hardest hit by the pandemic. Our staff created and drove a “Donate Your Commute” campaign to funnel some of our saved travel costs to New York Lawyers for the Public Interest (NYLPI), a pro bono organization, and to City Harvest, which assists New Yorkers struggling with food insecurity. 100% of the Chaffetz Lindsey team contributed. We are also diverting a portion of our unused travel and entertainment budget to an organization that provides relief to displaced restaurant workers in New York.
We extend our deepest gratitude to our clients and friends who make our firm possible and our work meaningful. This has never meant more to us than it has over the past year. We hope 2021 brings good health and happiness to you and yours.
With the addition of Alan Lipkin, one of the city’s long-time leading practitioners, we now have a full-fledged bankruptcy capability and an active practice currently representing creditors in a range of chapter 11 cases (such as 24 Hour Fitness, Kings and Balducci’s Super Markets, and Arandell Corporation) as well as out of court debt restructurings. His experience with chapter 15 cases dovetails with our substantial cross-border litigation and arbitration practice.
We proved this year that our litigation skills are transferable to new industries and new areas of the law. In a landmark ruling in August, the Court of International Trade held that the Department of Commerce’s denial of our client’s requests for exemptions from the Trump Administration’s Section 232 steel tariffs violated the Administrative Procedures Act.Following that ruling, we negotiated for more than $100 million in tariff refunds.
In Utica Mutual v. Fireman’s Fund, we were hired the day after a jury returned a $64 million verdict against our client. Although there was a lengthy trial record, our review of the contract language convinced us that the trial court had erred in denying summary judgment. The Second Circuit agreed 3-0, reversing and directing entry of judgment for our client. While reversal of a jury verdict is rare and the scope for reinsurers to contest a loss cession is properly quite narrow, we predicted that the Second Circuit would follow its prior rulings enforcing the plain meaning of contractual terms.
This has been an amazingly busy year for our international arbitration team. We recorded three notable wins in confidential arbitrations and two more in enforcement actions. In addition, we are awaiting results from six merits hearings completed this year. We are also thrilled to have deepened our bench with Caline and several new associates. Meanwhile, despite the pandemic, the team has remained fully engaged with thought-leadership and, for example, has been at the forefront of helping users and institutions adapt to remote arbitral hearings.
December 2020 – On Thursday, December 10th, Silvia Marroquin will participate in a panel discussion hosted by Ilustre Colegio de Abogados de Cajamarca (ICAC) titled, “Applicable Law in the Investment Field: International Law vs. National Law.” Silvia will be joined by other panelists, including former Chaffetz Lindsey foreign associate Agustina Alfaro, to discuss applicable law in investment disputes. ICAC is an autonomous institution of public law and constitutional rank that associates and represents the lawyers of the Cajamarca Judicial District in Peru. This presentation is part of the organization’s Second Edition of the International Arbitration Conference.
The program will begin at 7:00pm EST on Zoom. Use the following credentials to access the program:
Zoom ID: 843 9918 2964
Zoom Passcode: ICAC1010
October 2020 – On Friday, October 16th, Silvia Marroquin will moderate a workshop titled, “Written Advocacy in International Arbitration.” The workshop is hosted by the Harvard International Arbitration Society (HIALSA), a student-run organization at Harvard Law School aimed to promote the study of arbitration and create connections between students and arbitration practitioners.
The workshop will begin at 12:00pm EST. Registration is available here.
October 2020 – Yasmine Lahlou, Andrew Poplinger and Silvia Marroquin recently published an article titled, “Arbitrators’ Authority to Reconsider and Modify Awards Under US Law: Functus Officio and Beyond” in Thomson Reuters Practical Law. The article examines:
- The scope and rationale for the common law functus officio doctrine.
- What constitutes a “final” award subject to the functus officio doctrine, including when interim or partial awards may be deemed final.
- The recognized exceptions to the functus officio doctrine.
- The impact of institutional rules adopted by the parties on the arbitrators’ authority to reconsider and modify their awards.
- The arbitrators’ authority to modify awards following court remand.
Click here to view the entire article.
Thomson Reuters Practical Law is a legal know-how that provides practical guidance and wisdom from over 280 expert attorney-editors.
July 2020 – On Friday, July 31st, Silvia Marroquin will join Prof. Juan Fernandéz-Armesto (Armesto & Asociados, Madrid) and Thomas Kendra (Hogan Lovells, Paris) for a Young ICCA webinar about “Your First Hostile Cross-Examination – Dos and Don’ts.” The practical discussion will focus on best practices for the cross-examination of fact witnesses, followed by a mock cross-examination.
The webinar begins at 10:00am (EST). Registration is available here. A recording of the webinar will be available after the event.
Young ICCA is a world-wide arbitration knowledge and skills network for young practitioners in the international arbitration community.
July 2020 – Chaffetz Lindsey associate Silvia Marroquin recently spoke as a guest lecturer at the “Advanced Issues in International Arbitration” class in the LL.M. program of the IE Law School. As an alumna of the program, Silvia was invited by Professor Marco de Benito to speak to the class about starting a career in international arbitration, the arbitration market, and the various career paths in the profession. During the class, Silvia and Professor de Benito discussed a variety of topics, including navigating the arbitration market in different cities, applying for internships, LL.M. programs, bar admissions, the diversity of backgrounds and profiles in the field, the various places to start you career (i.e., an institution, clerking for an arbitrator, a law firm) and getting creative in today’s climate. The group also discussed general tips on how to start building your business development plan as a junior associate.
IE Law School is a top-notch, innovative, globally oriented law school located in Madrid.