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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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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Chambers Global Recognizes Chaffetz Lindsey’s International Arbitration Team in 2022 Rankings

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February 2022– Chambers & Partners has released its 2022 Global Guide, and Chaffetz Lindsey’s International Arbitration practice continues to be recognized as a standout.

The firm remains the only US-based boutique to be recognized in the Global Market Leaders International Arbitration rankings. This marks the fourth consecutive year the firm is included in the Global rankings. This year Yasmine Lahlou joins David Lindsey and Aníbal Sabater as an individually recognized Global Market Leader. All Chaffetz Lindsey international arbitration specialist partners, in addition to the firm in general, are ranked in the Chambers Global, USA, or Latin America tables.

Sources speak highly of Chaffetz Lindsey’s client service, with one remarking that “the team are extremely attentive to clients and go above and beyond for them.”

Further comments on our globally ranked arbitration partners include:

  • Yasmine Lahlou is well regarded by peers for her arbitration expertise across the U.S. and Latin American markets. She regularly handles commercial and treaty cases, particularly those concerning the energy and construction industries. According to a client, Lahlou is “very good at explaining the arbitration strategy to the clients in a compelling manner,” going on to say that “right off the bat in meetings with the client she is able to give a snapshot of the weaknesses and best strategies for the case and what the best options are for the clients.”
  • Aníbal Martin Sabater remains a notable figure within the US and Latin American markets for his capabilities handling big-ticket commercial arbitrations as well as treaty disputes. An interviewee highlights this point, stating: “Anibal has outstanding experience for issues related to commercial arbitration and related court proceedings.”
  • David Lindsey draws on significant expertise handling commercial arbitration cases concerning the oil and gas industry. His practice spans the US and Latin American markets, demonstrating particular strength in Brazil.

 

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.

James Hosking to Present at New Zealand Arbitration Day

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February 2022 — On Tuesday, February 15 EST/ Wednesday, February 16 NZST, the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ) will host “Arbitration Day in honor of Sir David Williams KNZM, QC.” The event celebrates Sir David Williams QC, a pioneer of international arbitration in New Zealand. Chaffetz Lindsey’s James Hosking will present his paper “Witness-Gating in International Commercial Arbitration: Guidelines for the Gatekeepers,” evaluating the arbitrator’s power to exclude witness evidence.

The full day program will include a line-up of presentations and discussions from those working at the forefront of arbitration in New Zealand and overseas, including  Dr. Simon Foote QC, Hon Paul Heath QC, Sarah Grimmer, Royden Hindle, Sam Jeffs, Daniel Kalderimis, Dr Anna Kirk, Robert Kirkness, Sharnika Leleni, Lauren Lindsay, Wendy Miles QC, Polly Pope, Nicola Swan, and Diana Qiu.

Event Details:
Tuesday, February 15, 5:30pm EST/Wednesday, February 16, 11:30am NZST, 2022 via Zoom.

Find full program details here and register for the event here.

AMINZ is the largest professional institute in New Zealand for people working in the area of dispute resolution. Learn more about AMINZ here.

ARIA Publishes Caline Mouawad’s Keynote Address from 2021 Columbia Arbitration Day

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January 2022 – Caline Mouawad, Partner at Chaffetz Lindsey, was invited to deliver the Keynote Address at the Columbia Arbitration Day Conference held virtually on March 13th, 2021. Her speech was recently published by Columbia’s American Review of International Arbitration (ARIA).

Caline invited attendees to join her on a journey through modern international arbitration times and to uncover together the story of “Arbitration in a Changing World,” the theme of the conference. Although there are many historical moments from which to choose, this journey begins at the end of World War I, at a time when the world was hungry for peace. Anchored in the belief that economies that prosper together do not go to war against one another, arbitration offered an avenue for resolving international disputes without risking war.  Its development revolves around a play in three acts:  Act I is a story of innovation and foundation, laying the groundwork for the arbitration legal framework; Act II tells a story of evolution and reaction, with arbitration coming into its own and proving it can adapt; and Act III is a tale of inflection and hopefully redemption as the international arbitration community wrestles with a legitimacy crisis. Nevertheless, Caline looks forward with optimism, trusting that international arbitration will once again be viewed and used as the instrument of peace that it was conceived to be.

Click here to uncover the full publication of “Arbitration in a Changing World.”

Chaffetz Lindsey Promotes Gretta Walters to Partner and Ted DeBonis to Counsel

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January 2022 – Chaffetz Lindsey is pleased to announce that Gretta Walters has been promoted to Partner and Ted DeBonis has been promoted to Counsel effective January 1, 2022.

“These well-earned promotions reflect the important contributions that Gretta and Ted have made to the growing success of our firm.  They epitomize our commitment to client service, effective and efficient advocacy and collegiality,” according to Chaffetz Lindsey founding partner Peter Chaffetz.

Gretta focuses on international commercial arbitration and investor state disputes across industries including energy (with emphasis on renewables), construction, financial services and infrastructure.   She has played a leading role in some of our firm’s biggest cases over the years, including recent victories involving such diverse subject matters as wind turbine blade technology, hydro dam construction and allegations of fraud in the automotive industry.  Gretta is also a recognized leader in the international arbitration community – she was appointed to the Executive Board of the ICDR young practitioners group (ICDR Y&I), serves on CPR’s Y-ADR Steering Committee and is an adjunct professor at New York University Law School, where she also co-coaches the Foreign Direct Investment and Vis International Commercial Arbitration moot court teams. She is also Chair of the Board of the International Commercial Arbitration Law Alumni Association of Stockholm University, of which she was selected as Outstanding Alumni in 2019.  Gretta is a frequent speaker, lecturer and author on pressing international arbitration issues.  She is co-author of Enforcement of Foreign Arbitral Awards and Judgments in New York.  Who’s Who Legal has recognized Gretta as one of the Most Highly Regarded Future Leaders in the Americas in their Arbitration Report for several years in a row.

According to founding partner and IA practice leader James Hosking, “Gretta is a brilliant lawyer and advocate.  She provides stellar client service and has won over tribunals with her mastery of complex cases.  In addition, she has taken the initiative to become an important leader and mentor within our firm and in the broader IA community.  Gretta is an integral part of our diverse and expanding team.  We look forward to her continued success.”

Gretta, who joined Chaffetz Lindsey in 2012 and was promoted to Counsel in 2018, earned her J.D., magna cum laude, from American University’s Washington College of Law and her LL.M. in International Commercial Arbitration Law, from Stockholm University.  She holds a B.A. in English and Government & Politics from University of Maryland.

Ted represents U.S. and international clients in complex litigation and arbitration across a range of industries, including banking and financial services, insurance, media and technology, and construction.  Ted spent the month of October 2020 in Zurich, Switzerland as a key team member on a confidential Swiss arbitration that resulted in a decisive victory for Chaffetz Lindsey’s client. Ted’s clients recognize his leadership, intelligence and superb case management skills. A graduate of St. John’s University School of Law (J.D.) and Columbia University (B.A.), Ted began his career at Simpson Thacher & Bartlett LLP before joining Chaffetz Lindsey in 2011.

According to Chaffetz Lindsey’s managing partner Charles Scibetta, “Ted is a steady pillar in our firm and a trusted counselor for our clients.  He has a wealth of experience, is exceptionally well-prepared and is a key contributor on our most complex disputes.”

 

Who’s Who Legal Recognizes Seven Chaffetz Lindsey Lawyers in the Arbitration 2022 Global Guide

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December 2021 — Who’s Who Legal has named seven Chaffetz Lindsey team members as Thought Leaders or Future Leaders in their Arbitration 2022 report.  James Hosking is spotlighted as a Global Elite Thought Leader — one of just 15 in North America  — and Gretta Walters was named as one of the eight Most Highly Regarded Non-Partner Future Leaders in the Americas.

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

James Hosking is “a terrific advocate” noted as “cerebral but also very commercial.” One source adds, “I’d put him in the very top-tier of arbitration practitioners in New York.”

Yasmine Lahlou is “a multifaceted top-drawer lawyer” who is highlighted as “super bright and effective” as well “one of the best on African issues.”

Caline Mouawad is “an excellent and very thoughtful lawyer”, distinguished for her “astonishing ability to find the weak spot of a case in a heartbeat.”

The “brilliant” and “very sharp-minded” Aníbal Martín Sabater is widely endorsed as an “exceptionally bright and able counsel.”

Gretta Walters is “an excellent speaker and advocate” who is “very active and well known within the international arbitration community.” Peers single her out as “a perfect choice for arbitration counsel” thanks to her “great oral presentation skills and convincing legal arguments.”

Founding Partners Peter Chaffetz and David Lindsey were also recognized as Thought Leaders.

Who’s Who Legal partners with The Global Arbitration Review (GAR) to research and identify “the world’s best arbitration lawyers, who have come highly recommended for their expertise in resolving complex international disputes.” Read more about WWL’s methodology here.

 

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).

Chaffetz Lindsey Sponsors NYLPI’s 28th Annual Law & Society Awards Event

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February 2021 – On Thursday, February 11th, The New York Lawyers for the Public Interest (NYLPI) will host its 28th Annual Law & Society Awards Event. The virtual event will feature a panel discussion with Eric F. Grossman (Morgan Stanley), Jami McKean (Morgan Lewis & Bockius LLP) and former U.S. Attorney General Loretta E. Lynch (Paul, Weiss) about racial justice, equity, and inclusion in corporate America. Chaffetz Lindsey is a proud sponsor of the event.

The event begins at 1:00pm. Registration is free and available here.

NYLPI was established to advance equality and civil rights, with a focus on health justice, disability rights and environmental justice, through the power of community lawyering and partnerships with the private bar. Partner Charlie Scibetta sits on the Board of Directors for NYLPI, and Counsel Erin Valentine sits on NYLPI’s Pro Bono Advisory Council. In addition to its continued pro bono work with NYLPI, Chaffetz Lindsey ran a “Donate Your Commute” campaign in 2020 to raise over $29,000 to benefit NYLPI and City Harvest during the COVID-19 crisis.

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