Wolters Kluwer Publishes “Enforcement of Foreign Arbitral Awards and Judgments in NY”

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Wolters Kluwer Publishes “Enforcement of Foreign Arbitral Awards and Judgments in NY”

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June 2018 – Chaffetz Lindsey lawyers Andreas Frischknecht, Yasmine Lahlou, Gretta Walters, and Andrew Poplinger are delighted to announce that Enforcement of Foreign Arbitral Awards and Judgments in New York has been published by Wolters Kluwer and is now available for purchase.

More thoroughly than any other source, this book shows practitioners how to navigate the enforcement landscape in New York. A favorable arbitral award or judgment at the end of a dispute holds little value unless the prevailing party is able to enforce it, and this book provides an in-depth analysis of all aspects of enforcement and execution, covering U.S. civil procedure, statutes, and case law on enforcement of foreign arbitral awards and judgments, the nuances of the New York courts’ interpretations of the New York and Panama Conventions on arbitral award enforcement, and the practicalities of ultimately obtaining payment on a foreign award or judgment. New York is a leading global financial center known for its pro-enforcement policies and the powerful discovery tools it makes available to creditors. No other resource explores the current state of the law in New York as comprehensively as this book.

In fact, David Spector (Partner at Schiff Hardin) says of the book, “It fills a deep need, both for the legal profession generally and for my practice in particular.  It is a very impressive job.”

What’s in this book:Frischknecht_EFAA (9789041186249)_Final cover

Beyond its sheer practical significance given the likelihood of debtors having assets in (or routing U.S. dollar transactions through) New York, this book provides creditors and their counsel with the critical information they need to define their global enforcement strategy and facilitate their enforcement efforts not only in New York but potentially worldwide. Among the issues and topics that the book tackles are the following:

  • review of the fundamentals of U.S. practice and procedure for non–New York practitioners;
  • easy to understand, jargon-free explanation of the often daunting state and federal procedures for enforcement;
  • up-to-date, clear presentation of the relevant case law, including key state and federal decisions;
  • explanation of how state and federal laws intersect with international law;
  • review of significant recent developments impacting a creditor’s ability to reach foreign defendants and their assets outside the U.S. in post-judgment execution proceedings; and
  • comprehensive advice on the practicalities of executing a judgment.
  • In a broader sense, this book aims to become the go-to resource for creditors and debtors (and their counsel) contemplating potential enforcement proceedings in New York—a key global enforcement jurisdiction.

How this will help you:

Given the critical role, New York plays in a host of cross-border transactions and its status as a hub for worldwide judgment and award enforcement, the demand to better understand the laws and judicial system within the state has never been higher. This comprehensive yet practical guide to navigating award and judgment enforcement in New York provides the understanding of both the basics and the nuances in this area that is critical for any domestic or international practitioner when advising a client as to the likelihood of collection in or through New York.

For more information, or to purchase a copy of Enforcement of Foreign Arbitral Awards and Judgments in New York, click here.

Chaffetz Lindsey Sponsors 14th Annual ICDR Y&I Coffee House Debate

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March 2018 – Chaffetz Lindsey was proud to sponsor the ICDR’s Annual Y&I Coffee House Debate that took place in Vienna on March 25th at Palais Daun-Kinsky on the occasion of the 25th annual Willem C. Vis International Commercial Arbitration Moot. The event was co-hosted by YAS (Young Arbitrators Sweden).  Chaffetz Lindsey attorney Gretta Walters spoke on a panel that debated the following topics:

Who´s paying for the coffee? Debate proposition: Third party funding creates arbitrator conflicts that must be disclosed

The café selects the baristas, not the customer! Debate proposition: Only institutions should appoint arbitrators as party appointments imperil legitimacy

This was the 14th anniversary of the event, of which Chaffetz Lindsey partner James Hosking was a co-founder.  James and Gretta both attended the Vis moot as judges and as co-coaches of, respectively, Harvard Law School and NYU.

For more details about the event, click here.

Chaffetz Lindsey Team Obtains Dismissal Of Suit Under FRCP 12(B)(6)

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May 2017 – A Chaffetz Lindsey team led by partner Cecilia Moss and senior associate Karen Baswell has successfully obtained an order dismissing the Complaint in the Southern District of New York against our client Zurich American Insurance Company for failure to state a claim.

Plaintiff policyholders had alleged breach of contract of an insurance policy issued by Zurich, and breach of the duty of good faith and fair dealing arising out of Zurich’s settlement of claims with an alleged additional insured under the policy.  The federal district court dismissed the Complaint under FRCP 12(b)(6), noting plaintiffs failed to allege a breach of Zurich’s obligations, or any resulting harm.  The dismissal is without prejudice.

Gretta Walters Selected for ICDR Y&I Global Advisory Board

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March 2017 – Associate Gretta Walters was recently selected to serve as a member of the Global Advisory Board of the International Centre for Dispute Resolution Young & International (“ICDR Y&I”) for a three-year term from 2017-2019.  The ICDR Y&I is a professional-development organization for international dispute resolution practitioners under the age of 40.  It was created to provide opportunities for younger members in the field to meet, exchange ideas with, and learn from peers and more senior practitioners.  The Global Advisory Board focuses on regional network-building by raising awareness of the ICDR Y&I in the broader arbitration community, encouraging membership, and organizing events around the world.

Gretta has experience representing individual and corporate clients in international and cross-border disputes in arbitration and state and federal court.  Prior to joining Chaffetz Lindsey, she was an Associate at Mayer Brown, Legal Counsel at the Arbitration Institute of the Stockholm Chamber of Commerce, and a Visiting Lecturer at Stockholm University.  Gretta is also Secretary of the International Commercial Disputes Committee of the New York City Bar. She co-coaches the Foreign Direct Investment and Vis International Commercial Arbitration moot court teams at New York University Law School.

Chaffetz Lindsey Team Wins Motion to Compel Arbitration of a Reinsurance Dispute Under FAA §3

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February 2017 – A Chaffetz Lindsey team consisting of partners Cecilia Moss and Peter Chaffetz, and associate Karen C. Baswell, obtained an order from a New York federal court granting a motion to stay litigation and compel arbitration under the Federal Arbitration Act, 9 U.S.C. § 3, filed on behalf of our client, Lexington Insurance Company.  The decision is HDI Global SE v. Lexington Insurance Company, No. 16-CV-07241 (CM)(AJP), — F. Supp. 3d —-, 2017 WL 699818 (Feb. 7, 20017 S.D.N.Y.).

Lexington initially commenced arbitration seeking reinsurance payments from HDI Global SE pursuant to the arbitration clause in a facultative reinsurance certificate between the parties.  HDI responded by filing suit, seeking a declaration that the facultative certificate was void for lack of mutual assent, and claiming that this issue of contract formation should be decided by the court.

The Chaffetz Lindsey team argued that there was no question of contract formation, and that HDI’s claims were subject to arbitration under the arbitration clause.  The court agreed, and granted the motion to stay the litigation and compel arbitration.

Law360 Quotes James Hosking in Articles Addressing Recent International Arbitration News

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January 2017 – Legal publication Law360 has recently quoted Chaffetz Lindsey co-founder and partner James Hosking in two separate International Arbitration-related articles.

Published on December 22, 2016, “The Top International Arbitration Decisions Since Midyear” provided commentary on the top four international arbitration-related U.S. court decisions in the second half of 2016.

James commented on one of those decisions, In re: Ex Parte Application of Kleimar NV, in which the U.S. District Court for the Southern District of New York permitted a litigant to obtain discovery in the U.S. for use in London-seated arbitration, based on Section 1782 of the U.S. Code.  James noted the “long-standing debate in the Second Circuit” on whether Section 1782 allows discovery in aid of a foreign arbitration.  If appealed, he opined that there is a “strong argument” that the Second Circuit should directly overrule an old 1999 precedent.  To read the Law360 article in its entirety, please click here (a subscription may be required).

Law360 also quoted James in an article titled “3 International Arbitration Trends To Watch In 2017.”  The article noted that gender diversity amongst arbitrators has been an important focus of the arbitration community in 2016.  James considered that it will “continue to be a big issue” in the new year, and suggested that in addition to counsel taking initiatives to promote diversity, corporate users of arbitration also needed to take action.  To read the Law360 article in its entirety, please click here (a subscription may be required).

James Hosking has 20 years of international dispute resolution experience.  He is a recognized expert in international arbitration, having handled disputes under the rules of all the leading institutions, including ICC, AAA/ICDR, SIAC, LCIA, WIPO, CRCICA and ICSID, as well as the UNCITRAL Rules.  His recent cases have involved international commercial contracts, corporate acquisitions, construction/engineering, insurance and reinsurance, licensing, energy/power projects, JV/shareholder disputes, mining, and investment treaty claims.  James also sits as an arbitrator, having been appointed in arbitrations under the ICC, ICDR, AAA and CRCICA Rules.  He has experience as a sole arbitrator, chairperson, co-arbitrator and emergency arbitrator.

Chaffetz Lindsey Promotes Andrew Poplinger to Counsel

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January 2017 – Chaffetz Lindsey is pleased to announce that Andrew (Drew) Poplinger has been promoted from Associate to Counsel.

According to Peter Chaffetz, one of the firm’s founding partners, “Drew has made himself an invaluable mainstay of the firm and its success.”

Drew joined Chaffetz Lindsey in 2012 following his clerkship with the Hon. Richard K. Eaton of the U.S. Court of International Trade. He represents clients in insurance/reinsurance disputes, international arbitration and commercial litigation.

“From the beginning Drew has demonstrated great skill, judgment and enthusiasm. He has delivered great service to our clients and is on his way to a distinguished career,” said David Lindsey, also a founding partner.

Admitted to practice in New York and Texas, Drew earned his J.D. from Albany Law School, summa cum laude, in 2006 where he was also Senior Editor for the Albany Law Review. He obtained his B.A. and M.A. in political communication from State University of New York at Albany in 2003.

Chaffetz Lindsey has delivered first tier litigation and arbitration service from a smaller, more client-friendly New York platform since it was founded in 2009. The firm helps American and overseas clients in disputes before US courts and arbitral tribunals around the world.

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

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December 2016 – Chaffetz Lindsey partners David Lindsey, Peter Chaffetz, James Hosking and Aníbal Sabater have been named to the Who’s Who Legal: Arbitration list.  As a mark of the depth of our team, Aníbal and partner Yasmine Lahlou have also been named to the inaugural “Future Leaders – Arbitration” list.

Who’s Who Legal surveys and analyzes the opinions of general counsel and law firm lawyers from around the world to put together a list of practitioners who are considered experts in their practice area.  The “Future Leaders” list was created to recognize partners and non-partners aged 45 or under who are seen as the future leading figures of the international arbitration community.  Who’s Who Legal is a sister publication of the Global Arbitration Review.  David, James and Aníbal have all previously been included in Global Arbitration Review’s “45 Under 45,” a list published every five years to identify authorities in the international arbitration field who are under 45.

Aníbal Sabater Serves as Member of ICC Task Force That Just Released Report on Financial Institutions and International Arbitration

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November 2016 – Chaffetz Lindsey partner Aníbal Sabater, an international arbitration specialist with over 18 years of experience, is member of a task force of the ICC Commission on Arbitration and ADR.  The Commission recognized the need to study financial institutions’ perceptions and experience of international arbitration, and the results of that study have been released.

Task Force members conducted interviews with approximately 50 financial institutions and banking counsel from around the globe.  The interviews, together with a review of relevant literature, internal policies, relevant arbitral awards, and data received from 13 participating arbitral institutions, form the basis of the findings and recommendations set out in the report, the results of which have been summarized in Global Arbitration Review’s “ICC sees untapped potential for banking and finance disputes.”  (Note: A subscription to GAR might be required to view this article.)

Chaffetz Lindsey Sponsors 2016 International Law Weekend

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October – Chaffetz Lindsey is pleased to again sponsor the upcoming International Law Weekend 2016 (ILW 2016), which will be held October 27-29, 2016, in New York City, and is organized by the American Branch of the International Law Association (ABILA) and the International Law Students Association (ILSA).

The unifying theme for ILW 2016 is International Law 5.0. It recognizes the world is changing at an accelerating rate. From technological advances to environmental transformations, international lawyers are forced to confront emerging forces and new scenarios. Even settled principles of law are no longer settled. These tectonic shifts have been felt throughout the geography of international law. Legal professionals at every level – local, national, regional, and international – must change their practice to meet a changing world. Innovation will become necessary for survival.

ILW 2016 will explore these issues through a collection of engaging and provocative panels. They will have a broad array of both public international law and private international law topics. The audience will include practitioners, academics, U.N. diplomats, business leaders, federal and state government officials, NGO leaders, journalists, students, and interested citizens.

The Opening Panel will take place on Thursday evening (10/27) at the New York City Bar Association.  Through the generosity of Fordham Law School and its Leitner Center, the remainder of ILW 2016 will be held at the Fordham campus on 62d Street.

To register for this event, please click here.

Chaffetz Lindsey Launches Insurance/Reinsurance Report

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October 2016 – Chaffetz Lindsey’s first installment of the Insurance/Reinsurance Report is now available. The report contains recent case summaries to keep you informed on new developments, and reminded of old ones. The cases in this issue include:

New York rule on allocation and exhaustion:  Follow the contract …
Court of Appeals clarifies that policy language, rather than per se rule, determines allocation and exhaustion requirements for long-tail asbestos claims.

Ex parte communications with arbitrator cause Sixth Circuit to vacate arbitration award …
Sixth Circuit vacates reinsurance arbitration award based on ex parte communications with party arbitrator following interim award.

Out-of-state plaintiffs may invoke Connecticut’s pre-pleading security statute …
District of Connecticut finds statute requires unauthorized insurer (or reinsurer) to post security before filing pleadings in an action against it.  Statute applies regardless of plaintiff’s citizenship.

NY trial court issues rulings on follow-the-settlements and late notice …
 New York Supreme Court finds that language in fac cert was “following form” rather than “follow-the-settlements” clause, and that a disadvantageous commutation was not prejudice sufficient to support a late notice defense.

To view the report in its entirety, please click here.

 Contract Controls_Captions

Illustrations by Hank Blaustein

More cartoons

Editors: Charles Scibetta |  Steven Schwartz |  Karen Baswell  |  Andrew Poplinger

JAMES HOSKING APPOINTED ICCA 2018 AMBASSADOR

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October 2016 – The International Council for Commercial Arbitration (ICCA) will hold its 24th Congress in Sydney on April 15-18, together with an additional event scheduled for Queenstown, New Zealand on April 19 and 20, 2018. Chaffetz Lindsey partner James Hosking has been appointed an Ambassador to help garner interest in the Congress.

The biannual ICCA Congress is the premiere forum for bringing together international arbitration specialist and in 2018 will be co-hosted by the Australian Centre for International Commercial Arbitration (ACICA) and the Arbitrators’ and Mediators’ Institute of New Zealand (AMINZ).

James is involved in a series of events around the world to encourage participation in the Congress.

More information on the Sydney events can be found at icca2018sydney.com and on the AMINZ-ICCA International Arbitration Day in Queenstown website. Super early bird discounted registration has just gone live.

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