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NYIAC Elects Caline Mouawad and James Hosking for 2022 Leadership Roles

March 8, 2022 by Ellen Page

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.

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

February 22, 2022 by Ellen Page

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

February 11, 2022 by Ellen Page

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.

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

January 7, 2022 by Ellen Page

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

December 17, 2021 by Ellen Page

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”

March 15, 2021 by Ellen Page

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

February 11, 2021 by Ellen Page

February 2021 – On Thursday, February 11^th, The New York Lawyers for the Public Interest (NYLPI) will host its 28^th 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.

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

February 9, 2021 by Ellen Page

February 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 batch of three national reports from 22 Convention jurisdictions: Bahrain, Belgium, Brazil, Canada, Colombia, Czech Republic, Denmark, England and Wales, France, Georgia, Greece, Hungary, India, Indonesia, Mexico, Morocco, New Zealand, Peru, Russia, South Africa, Sri Lanka and Turkey. The majority of the reports found that the right to a physical hearing may be excluded from the jurisdictions’ arbitration laws. The reports came to that conclusion based on provisions giving tribunals broad procedural discretion to decide how hearings are conducted, the possibility for tribunals to order documents-only arbitration, and provisions in the arbitration rules of the most relevant institutions in those jurisdictions expressly allowing remote hearings.

The initial publication of national reports released in December 2020 from Australia, Italy, Vietnam and the United States reveal some subtle divergence as to whether a right to a physical hearing exists in arbitration, as well as identifying important practical considerations in conducting remote hearings to preserve the inviolability of the award. The reports also draw on emerging law emanating in the litigation context that may inform the development of principles applied to international arbitration.

All national reports will be published individually on this dedicated page of the ICCA website, allowing the international arbitration community access to this user-friendly resource. The remaining national reports will come out in March 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.

Coverage by Law360 of the report’s findings can be found here (a subscription to Law360 might be required).

A Look Back on 2020 at Chaffetz Lindsey

January 12, 2021 by Ellen Page

January 2021

Dear Friends:

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.

Cheers,

OUR NEW BANKRUPTCY PRACTICE

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.

COMMERCIAL LITIGATION

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.

INSURANCE
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.

INTERNATIONAL ARBITRATION
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.

J.D. Anders Promoted to Counsel

January 12, 2021 by Ellen Page

January 2021 – Chaffetz Lindsey, a leading New York-based arbitration and litigation boutique, announces the promotion of Joshua (J.D.) Anders to Counsel. J.D. joined the firm in 2013 and represents clients in complex litigation in state and federal court, arbitration proceedings, and criminal and regulatory investigations.

According to Charlie Scibetta, a founding partner at Chaffetz Lindsey, “We are excited to recognize J.D.’s valuable contributions with his promotion to Counsel. J.D. brings impressive intellect, focus, and experience to every matter, and he is an integral part of our team’s success.”

J.D.’s strong research and analytical skills have made him a key team member in a succession of complex disputes. He is also a go-to lawyer for anything related to e-discovery. J.D. earned his BA and MA degrees from Northeastern State University and his JD from Harvard. He began his career at Paul Weiss.

SDNY Issues Favorable Decision for Fireman’s Fund Insurance Company in Reinsurance Dispute

October 21, 2020 by Ellen Page

October 2020 – Chaffetz Lindsey client Fireman’s Fund Insurance Company (“Fireman’s Fund”) recently won summary judgment on its claims for reinsurance coverage of its settlement with ASARCO, Inc. (“ASARCO”) relating to asbestos claims. Paul Gardephe of the Southern District of New York issued the ruling.

Fireman’s Fund issued three excess liability insurance policies to ASARCO, a company involved in the mining and processing of asbestos. When ASARCO faced thousands of claims for exposure to asbestos, it turned to its insurers for coverage. Firemen’s Fund faced potential exposure of up to $60 million ($20 million for each of its three policies), but eventually settled with ASARCO for $35 million. Fireman’s Fund then allocated that settlement across its three policies based on its exposure analysis, assigning a certain percentage of the settlement to each policy. OneBeacon reinsured a 15% share of “Policy 3” under a Facultative Certificate, but refused to pay its share of the settlement.

The arguments in this case involved an interesting (and novel) byplay between the follow-the-settlements doctrine (which generally prohibits a reinsurer from second-guessing a cedent’s settlement and allocation, so long as they were reasonable) and the contractual provision that the Fireman’s Fund excess policies were not triggered unless underlying policies had been “exhausted.” OneBeacon argued that because Fireman’s Fund did not pay the full limits of Policy 2 (which sat underneath Policy 3 in the relevant coverage tower), Policy 3 could not have been triggered. On that basis, OneBeacon argued that any allocation to Policy 3 was unreasonable. In contrast, Fireman’s Fund argued that: (1) under a line of Second Circuit cases, Policy 3 could be triggered where – as here – the underlying policies were exhausted by settlement rather than by actual payment of the full limits; and therefore (2) OneBeacon was required to defer to Fireman’s Fund allocation under follow-the-settlements.

The court agreed with Fireman’s Fund, finding that the language of the Fireman’s Fund policies was ambiguous as to how an underlying policy could be exhausted, and distinguishing the myriad of cases presented by OneBeacon (which relied on different policy language). Because Fireman’s Fund allocation was thus NOT in violation of the policy terms, the court held that OneBeacon was require to follow it.

The Chaffetz Lindsey team included Steve Schwartz, Karen Baswell, and Oslen Grant. The court’s decision can be found here. Additional articles about the decision are available from Law360 and HarrisMartin, though a subscription might be required for access.

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NYIAC Elects Caline Mouawad and James Hosking for 2022 Leadership Roles

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

James Hosking to Present at New Zealand Arbitration Day

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

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

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

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

J.D. Anders Promoted to Counsel

SDNY Issues Favorable Decision for Fireman’s Fund Insurance Company in Reinsurance Dispute

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