Anibal Sabater Appointed Member of International Arbitration Center of Madrid’s Comisión de Recusación

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Anibal Sabater Appointed Member of International Arbitration Center of Madrid’s Comisión de Recusación

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March 2023— Chaffetz Lindsey’s Anibal Sabater has been appointed a member of the International Arbitration Center of Madrid (CIAM) Challenge Commission (Comisión de Recusación). The group’s purpose is to dispose of the challenges to arbitrators appointed under CIAM’s Rules whom a party considers lack independence or impartiality.

The group comprises Anibal Sabater, Fernando Mantilla-Serrano, Mercedes Fernández, Luca G. Radicati and Claudia Benavides.

About the International Arbitration Center of Madrid

The International Arbitration Center of Madrid (CIAM) offers disputes resolution services in four languages (Spanish, Portuguese, English and French) and was founded by the Madrid Court of Arbitration (CAM), the Spanish Court of Arbitration (CEA) and Spain’s Civil and Mercantile Court of Arbitration (CIMA).

In 2021, CIAM received the Global Arbitration Award for jurisdiction that has made great progress in light of its role in unifying the country’s institutional landscape.

Chambers Global Recognizes Chaffetz Lindsey’s International Arbitration Team in 2023 Rankings

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February 2023– Recognized for the fifth consecutive year in Chambers & Partners Global rankings, Chaffetz Lindsey’s international arbitration practice remains a standout in the industry.

Chaffetz Lindsey partners Anibal Sabater and Yasmine Lahlou have both been individually recognized as Global Market Leaders in International Arbitration in the 2023 Global Guide. The team continues to be the only US-based boutique named in the Global Market Leaders International Arbitration rankings.

Sources speak highly of Chaffetz Lindsey’s client service, with one noting that “Chaffetz Lindsey [is] ready and available to address issues at any time – day or night. They’re staffed up appropriately with experts to handle matters. The firm has a very strong, analytical, flexible and practical team.”

Further comments on our globally ranked arbitration partners include:

  • Aníbal Martin Sabater is a prominent practitioner within the US and Latin American markets. He has strong skills handling big-ticket ICC arbitrations, as well as investment treaty disputes. An interviewee gives praise to these skills, stating “Anibal is fantastic – a consummate professional and a respectful advocate of his client’s positions.”
  • Peers recognise Yasmine Lahlou for her arbitration expertise across the US and Latin American markets. She regularly handles commercial and treaty cases, attracting a range of international clients, especially those within the oil and gas sector. A client notes “Yasmine is very prompt and attentive.”

Chambers & Partners is a world leader in researching the global legal profession, and identifying the leading lawyers and law firms. Chambers Global ranks the top lawyers and law firms in over 190 countries across the world based on in-depth research and interviews with thousands of lawyers and their clients worldwide.

Click here to view Chaffetz Lindsey’s Chambers Global profile.

Law360 Publishes Article “CIT Tells Commerce To Revisit Denied Steel Tariff Exemptions”

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January 2023—Law360 reported on a recent decision from the Court of International Trade in favor of Chaffetz Lindsey’s client, NLMK Pennsylvania LLC, holding that the Commerce Department violated the Administrative Procedure Act in denying the steel producer exemptions from Section 232 national security tariffs for its imports of semi-finished steel slab.  In holding Commerce’s decisions arbitrary and capricious and remanding the matter to the agency, the Court accepted NLMK’s position that Commerce’s regulation requires it to consider NLMK’s “end use” of the steel slab in determining whether a suitable substitute is available in the domestic market. The Court further held that the agency’s purported reliance on the “secret” analysis of third-party “Subject Matter Experts” was improper, finding that Commerce could not “rely upon conclusive statements of unidentified experts.”

View the court decision here. The Chaffetz Lindsey team included Sandy Litvack, Drew Poplinger, Matthew Burke, and Oslen Grant.

The Law360 article is available here, though a subscription might be required for access.

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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.

Three Chaffetz Lindsey Members Among Arbitration Lawyers to Launch New Association Focused on the Arab World

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November 2022— Chaffetz Lindsey senior associate May Khoury is among five international arbitration practitioners that are joining forces to launch “ArabArb”, an independent network that aims to unite, promote, and serve the U.S.-based arbitration community with roots, affinity, or interest in the Arab World. Founders of the organization include Randa Adra, partner at Crowell & Moring; Cherine Foty, senior associate at Covington & Burling in Washington, DC; Lillian Khoury, senior associate at Steptoe & Johnson in New York; and Nour Nicolas, associate at Foley Hoag in New York.

Chaffetz Lindsey partners Caline Mouawad and Yasmine Lahlou will sit on the advisory committee of this women-led group, making three out of eleven members represented by the Chaffetz Lindsey team.

Additional advisory committee members include Meriam Al-Rashid, global co-chair of International Arbitration at Eversheds Sutherland; Amal Bouchenaki, partner at Herbert Smith Freehills; Maria Chedid, global co-chair of the International Arbitration Group at Arnold & Porter; and Samaa Haridi, partner at King & Spalding.

ArabArb’s mission is to create a platform for members to connect and collaborate with fellow practitioners as well as advance the knowledge and understanding of international arbitration as it relates to the Arab World. The group will work 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 will host a launch event in New York City on November 16, 2022 during New York Arbitration Week to introduce itself to the legal community, present its mission, and welcome new members. The group plans to organize conferences and training seminars on topics relevant to the community, as well as offer mentoring opportunities and exposure to law students of Arab descent. Register for the event here.

Learn more about the organization here.

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IBA Investment Arbitration Subcommittee Finalizes Report on “Arbitrating Small Value Claims In Investment Arbitration”

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November 2022— The IBA Investment Arbitration Subcommittee has finalized its report on “Arbitrating Small Value Claims In Investment Arbitration.” The report, authored by Chaffetz Lindsey’s Caline Mouawad, Maxi Scherer (WilmerHale), Noiana Marigo (Freshfields) and Patrick Pearsall (Allen & Overy), examines the mechanisms and strategies available to parties to calibrate time, effort, and financial resources invested to arbitrate small value investment claims in a manner that is commensurate with the sums at stake.

The report examines three aspects of small value claims: (1) empirical data from ICSID, the PCA, and the SCC regarding small value claims registered from 2010 through 2021; (2) special procedures already available to parties in investment agreements and arbitral rules; and (3) various other procedural mechanisms that parties may incorporate into their arbitration and create a bespoke procedure designed to streamline their case and minimize the costs of arbitration.

Read the full report here.

Marcel Engholm Cardoso Publishes “NYIAC Grand Central Forum: Double-Hatting and the ICSID-UNCITRAL Draft Code of Conduct for Adjudicators in International Investment Disputes”

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August 2022— The latest feature on the Kluwer Arbitration Blog spotlights an article by Chaffetz Lindsey’s Marcel Engholm Cardoso and Holland & Knight’s Arantxa Cuadrado. The publication titled “NYIAC Grand Central Forum: Double-Hatting and the ICSID-UNCITRAL Draft Code of Conduct for Adjudicators in International Investment Disputes” reviews the topics discussed at The New York International Arbitration Center’s (“NYIAC”) annual Grand Central Forum which took place on July 13th, 2022.

The piece addresses the issues surrounding “double-hatting” in the newest draft of the Code of Conduct, reflecting the discussions from panelists Andrea Bjorklund (McGill University, Montreal), Lauren Mandell (WilmerHale, Washington D.C.), Kate Brown de Vejar (DLA Piper, Mexico City), Andrés Jana (Jana y Gil, Santiago) and moderator Donald Donovan (Arbitration Chambers, New York).

Visit the Kluwer Arbitration Blog for the full article and review of the event.

Kluwer Arbitration Blog (KAB) is a publication of Kluwer Law International providing information and news on international arbitration.

Practical Law The Journal Publishes “Functus Officio Doctrine” Article by Andrew Poplinger, Yasmine Lahlou & Silvia Marroquin

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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.

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WWL’s 2022 Insurance & Reinsurance Report Recognizes Chaffetz Lindsey Partners

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March 2022 — Who’s Who Legal 2022 Insurance and Reinsurance report has recognized four Chaffetz Lindsey insurance team partners for their expertise on a national and global scale. Peter Chaffetz and Steven Schwartz were named “Leading Individuals in the USA.” These individuals received the highest number of nominations from peers, corporate counsel and other market sources this year. Peter has also been recognized as a “Global Elite Thought Leader in North America” – one of only 12 selected in the US.

According to Who’s Who Legal:

  • Peter Chaffetz at Chaffetz Lindsey “is a well-established name in the market thanks to his ‘highly skilled arbitration counsel.’”
  • Steven Schwartz is a “renowned reinsurance litigator who impresses peers with his encyclopedic knowledge of insurance law.”

In addition, Charles Scibetta and Cecilia Moss are highlighted as “Recommended Counsel.”

The report recognizes insurance and reinsurance lawyers for their top-tier handling of contentious, contractual, regulatory and transactional matters. Learn more about Who’s Who Legal and read the full report here.

Chaffetz Lindsey Supports NYLPI’s 2022 Law & Society Luncheon and Raises Over $25,000 for Firm Alumni Charities

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March 2022 – Chaffetz Lindsey was pleased to sponsor of New York Lawyers for the Public Interest’s (NYLPI), 29th Annual Law & Society Awards Luncheon on March 8, 2022, which honored John J. Suydam (Senior Partner and Chief Legal Officer at Apollo Global Management) and Debo P. Adegbile (Partner, Chair, Anti-Discrimination Practice at WilmerHale).  The Annual Law & Society Awards Luncheon proceeds sustain NYLPI’s innovative efforts combining law, organizing, and the power of the private bar to achieve justice for all New Yorkers.

Chaffetz Lindsey has been a supporter of NYLPI for several years.  Our attorneys do pro bono work for the organization, and several of our firm’s leaders are active in leadership roles for the organization.  We’ve also supported the organization financially in past years through various fundraising campaigns, including our “Donate Your Commute” efforts.

Most recently, Chaffetz Lindsey used Giving Tuesday 2021 to benefit NYLPI in addition to supporting other Not For Profit organizations who have supported us in the past. We invited Tania Cohen and Farrell Brody, who among the many outstanding firm alumni Chaffetz Lindsey has the honor to have worked with, to speak with us about the charitable organizations they now work for that make a positive impact every day.  Tania acts as a Senior Staff Attorney at Safe Passage Project, a nonprofit immigration legal services organization. Safe Passage provides free lawyers for children in the NYC-area facing deportation to life-threatening situations. Farrell is a Senior Staff Attorney for TakeRoot Justice, an organization providing legal research and policy support in New York City to dismantle racial, economic and social oppression.

As a show of our gratitude for the incredibly valuable work these organizations do, a firm-wide effort raised total of $26,315 in support of these three organizations – giving back to those who give so much to all.

NYIAC Elects Caline Mouawad and James Hosking for 2022 Leadership Roles

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March 2022– The New York International Arbitration Center (NYIAC) held its Annual Board Meeting on January 26th to elect new leaders and to review the past two years of successfully navigating the pandemic.  Chaffetz Lindsey, a member of NYIAC’s Founding Firm Circle, has been actively involved in the organization’s leadership over the years.  This year, Chaffetz Lindsey’s Caline Mouawad will join the NYIAC Executive Committee. Chaffetz Lindsey Founding Partner James Hosking will co-chair the Program Committee with Marisa Marinelli, which includes planning NYIAC’s Annual Grand Central Forum. NYIAC’s professional leadership works with New York’s international arbitration leaders who serve as members of NYIAC’s Board of Directors, its Officers and its Committee Chairs.

In a press release issued by NYIAC , Executive Director Rekha Rangachari observes, “NYIAC continues to thrive since its auspicious beginning in 2013.  Collaborations in part define our strength, first with the AAA-ICDR, and now with JAMS and Arbitration Place, each providing an opportunity to best dialogue and respond to the needs of our global community. These developments enhance New York’s role as a leading global center of international arbitration.”

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.

Read NYIAC’s full press release here.

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