NYIAC Publishes International Arbitration Pre-Hearing Checklist by Aníbal Sabater

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NYIAC Publishes International Arbitration Pre-Hearing Checklist by Aníbal Sabater

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July 2015 – Preparing for an international arbitration is no easy task. In addition to the substantive of the case, there are many organizational points to consider. NYIAC’s Program Committee Chair and Chaffetz Lindsey Partner Aníbal Sabater addresses these points in this checklist designed to aid counsel and parties as they prepare for an international arbitration hearing.  Please click here to view the International Arbitration Pre-Hearing checklist.

Chaffetz Lindsey’s Drew Poplinger Recaps Judge Preska’s Keynote Speech from Global Law Week

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June 2015 – The Hon. Loretta Preska, Chief Judge of the SDNY, gave the keynote speech at the New York Bar Association’s Global Law Week, titled “The Elements of Commerce in the Twenty-First Century: How Commercial Courts Enhance a City’s Position as a Financial, Commercial, and Legal Hub.”

Andrew Poplinger, Associate at Chaffetz Lindsey, has recapped Judge Preska’s speech for the “Legal Developments and Analysis” section of the NYIAC (New York International Arbitration Center) website. Chaffetz Lindsey is a Board Member of NYIAC, which Judge Preska referenced in her address. Click here to read the full text of Andrew’s review.

Second Circuit Affirms FSIA Dismissal of Claims Against Chaffetz Lindsey Client in Picasso Ownership Dispute

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May 2015 – A Chaffetz Lindsey team led by partner Andy Frischknecht and including partner James Hosking and senior associate Andrew Poplinger have won an affirmance in the Second Circuit of a June 2014 decision in the Southern District of New York dismissing all claims against our client, the Free State of Bavaria, in a dispute over ownership of a well-known painting by Pablo Picasso titled “Madame Soler.”  See Schoeps et al. v. Freistaat Bayern or Free State of Bavaria, No. 14-2739, Dkt. # 96-1 (2d Cir. May 22, 2015)

At issue were claims by the heirs of a former owner of the painting against Bavaria, which acquired “Madame Soler” in the 1960s.  The heirs claimed superior title to the painting (which they valued at up to $100 million) based on the circumstances of a prior sale in the 1930s.

The Second Circuit’s affirmance of the District Court’s decision granting Bavaria’s motion to dismiss the complaint for lack of jurisdiction under the Foreign Sovereign Immunities Act noted the extensive proceedings in the District Court that led to the dismissal of all claims against Bavaria, including “a three-day evidentiary hearing, multiple rounds of briefing, and oral arguments.”

Yasmine Lahlou Moderates IBA’s Young International Arbitration Practitioner Workshop

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October 2014 – Yasmine Lahlou was a moderator at this year’s Young International Arbitration Practitioner Workshop that took place ahead of the IBA’s Annual Meeting in Tokyo, Japan. This year’s Workshop focused on witness testimony and Yasmine moderated the first workshop with Swee Yen Koh of WongPartnership that explored different approaches to cross-examining a witness.

Yasmine is Counsel with Chaffetz Lindsey and has been recognized for her experience in the area of international arbitration by Chambers USA and Legal 500 USA. She holds various leadership roles in industry organizations, including Regional Coordinator of the ICC Young Arbitrator Forum and Co-Chair of the American Bar Association’s International Litigation Committee. Please click here to learn more about Yasmine’s experience.

Gretta Walters Presents on Investor-State Arbitrations at the SCC

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October 2014 – Associate Gretta Walters co-coached the New York University team at this year’s FDI Moot, which took place at Pepperdine University School of Law in Malibu in late October. Forty-one teams (with 189 students and coaches) competed in the competition, with a further 18 participating in the additional regional rounds in Seoul and New Delhi. Gretta coached the team, which came in second, with Christian Alberti from the ICDR, and with the assistance of Professor Jose Alvarez, the faculty sponsor at NYU.

In addition to her coaching responsibilities, Gretta gave a presentation to all the participating students, coaches, and arbitrators on investor-state arbitrations at the Stockholm Chamber of Commerce (SCC). Behind ICSID, the SCC is the arbitral institution that has administered the most investor-state arbitrations. Before joining Chaffetz Lindsey, Gretta was Legal Counsel at the SCC.

Peter Chaffetz Speaks at IBA Annual Meeting in Tokyo

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October 2014 – Peter Chaffetz was a panelist at this year’s Annual IBA Meeting in Tokyo. Peter, who is a member of the IBA’s Litigation Committee, was part of an international panel that explored the challenges posed by alcohol and substance abuse in the profession, and the options available to law firm management when dealing with these and related issues. The session considered the impact of stress on the profession and the impact of alcohol and substance abuse on law firms. The panelists discussed a series of case studies and the potential approaches that could be taken to the various management issues that arise in these contexts, including depression, employee relations, sexual harrasment, and firm reputation.

The IBA Annual Meeting is the largest global conference for members of the legal profession and attracts participants from around the world. Peter Chaffetz formed Chaffetz Lindsey with four other partners from the New York office of Clifford Chance in 2009. He had previously been the Global Head of that firm’s Litigation & Dispute Resolution practice and a member of the firm’s management committee.

Andy Frischknecht Presents on Developments in Sovereign Litigation

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October 2014 – Partner Andy Frischknecht was part of a panel organized by the Knowledge Group that explored the application of the Foreign Sovereign Immunities Act, which establishes limitations on suits in U.S. federal or state courts against foreign sovereign nations and institutions. The panel took a practical look at the Act and how it affects the execution of judgments against foreign governments and their instrumentalities. They discussed who can be sued and in which courts, what constitutes a “foreign state”, the presumptions of immunity and their exceptions, and liabilities, damages, and enforcement proceedings.

Andy has been a partner since 2013 and has experience representing sovereigns and sovereign instrumentalities in high profile litigation in the U.S. Please click here to learn more about Andy’s experience.

Chaffetz Lindsey’s Latin American Experience Recognized by Chambers Latin America

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September 2014 – Chaffetz Lindsey has been recognized once again in Chambers Latin America as a leading law firm for disputes involving the region. Partners David Lindsey, James Hosking and Jennifer Permesly were all individually recognized for their experience with disputes involving companies based in and investing in Latin America. David, who has been recognized in every edition of the guide since its inception, was described as being “valued by sources for his strategy and experience, which ‘allows him to anticipate the moves the other party might make.'” James was highlighted for his “fantastic client service and…judgement”, while clients interviewed appreciated Jennifer’s “research, interpersonal skills and ability to negotiate.”

For more details, please go to www.chambersandpartners.com.

James Hosking Part of Faculty for Italian Course in International Arbitration

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September 2014 – James Hosking was a lecturer for the newly offered certificate program in International Commercial and Investment Arbitration Theory and Practice run at Roma Tre Universita Degli Studi, and sponsored by the International Chamber of Commerce, Italian Arbitration Association, and Milan Chamber of Arbitration, from September 15 -19, 2014. The week-long course was attended by a mix of law students, practitioners and in-house counsel, and is intended as an intense introduction to international commercial and investment arbitration. The course was run in partnership with Cleary Gottlieb, NCTM Studio Legale Associato, arbit (the Italian Forum for Arbitration and ADR), and the Italian Ministry of Justice, and included faculty from the world’s leading international arbitration practices and institutions, and leading academics in the area. James spoke on extending the arbitration agreement to non-signatories.

Yasmine Lahlou is Appointed to ICC YAF Coordinating Committee

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July 2014 – Counsel Yasmine Lahlou has been appointed to the International Chamber of Commerce (ICC) Young Arbitrators Forum’s (YAF) new Regional Coordinating Committee for 2014 – 2016. The Committee is tasked with promoting and developing the ICC YAF’s global network of 7,500 members, which includes organizing regional and global conferences on the latest developments in international arbitration. Yasmine is joined on the Committee by lawyers from some of the US’s most distinguished international arbitration practices, and her experience in the area is recognized by Chambers USA. Please click here to learn more about ICC YAF.

Chaffetz Lindsey Team Wins Dismissal of Claims in Picasso Ownership Dispute

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July 2014 – Partner Andy Frischknecht was quoted in the New York Law Journal, concerning a recent decision in the Southern District of New York dismissing all claims against the Free State of Bavaria in a dispute over ownership of a well-known painting by Pablo Picasso titled “Madame Soler.”

Andy, James Hosking and Andrew Poplinger represented Bavaria in the litigation.  At issue were claims by the heirs of a former owner of the painting against Bavaria, which acquired “Madame Soler” in the 1960s.  The heirs claimed superior title to the painting (which they valued at up to $100 million) based on the circumstances of a prior sale in the 1930s.  Following extensive briefing and a two-day evidentiary hearing, the court granted Bavaria’s motion to dismiss the complaint for lack of jurisdiction under the Foreign Sovereign Immunities Act. The court found that aside from a single, preliminary meeting in New York, Bavaria’s acquisition took place in Europe. The court further concluded that the heirs’ claims were based not on Bavaria’s acquisition of the painting in the 1960s, but instead on the alleged circumstances of the prior sale in the 1930s.

 

Who’s Who Legal Recognizes Chaffetz Lindsey’s Insurance Expertise

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May 2014 – Chaffetz Lindsey has been recognized in this year’s Who’s Who Legal for Insurance & Resinsurance. Peter Chaffetz is again listed as one of the world’s leading individuals in the area, and is described as “one of finest lawyers on the East Coast”. Charles Scibetta is also highlighted in their write-up as “highly regarded for his ‘stunning’ ligation and arbitration skills across a range of industries including environmental, energy and D&O. He is praised for his ‘client-first attitude’ and ability to form ‘compelling arguments'”.

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