Chaffetz Lindsey Represents Liberia in Successful Resolution of Investment Treaty Dispute

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Chaffetz Lindsey Represents Liberia in Successful Resolution of Investment Treaty Dispute

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March 2016 – Global Arbitration Review (GAR) has reported on the resolution of an investment treaty dispute between Canadian mining company Diamond Fields International and the Republic of Liberia.   Chaffetz Lindsey attorneys David Lindsey, James Hosking, Jennifer Permesly and Erin Valentine served as counsel to Liberia.

In its claim filed with the International Centre for the Settlement of Investment Disputes (ICSID) in May 2011, Diamond Fields alleged that Liberia had wrongfully terminated certain licenses granted to the company for the exploration of gold and diamonds in Liberia.  At the time that Diamond Fields was prospecting in Liberia, the country was recovering from 14 years of civil war and undergoing a significant governmental transition.  After several years of negotiations as well as several suspensions of the arbitration in light of the ebola crisis facing the country in 2014-2015, the parties eventually reached an agreement in February 2016 to dismiss the arbitration without prejudice to refilling.

“We are very pleased to have assisted Liberia in reaching an amicable resolution of this dispute,” Jennifer Permesly is quoted as saying.  “The claim dates back to a period during which the Liberian government was undergoing a significant transition, which always raises complex issues in investment treaty arbitration. The dismissal of the claim permits Liberia to focus its attention on the country’s ongoing development, including its impressive efforts to rebuild after the recent ebola crisis.”

To view this article in its entirety on the GAR website, please click here (a subscription is required).

Law360 Quotes James Hosking in “3 Things To Consider In Face Of Asian Arbitration Boom”

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March 2016 –A recent article published by Law360, titled “3 Things To Consider In Face Of Asian Arbitration Boom,” highlights the fact that Asia has increasingly taken a front and center role in international arbitration, leaving practice group leaders to ponder practical questions about how much they want to expand their footprint on the continent.  The article examines what factors firms should consider before expanding their international arbitration practices eastward.

Chaffetz Lindsey co-founder and partner James Hosking was quoted in the article explaining the firm’s preference to partner with leading international firms rather than expand its own footprint, specifically in Asia.  As James explains, “We want to be free to take on work and to counsel with the right firm in the right jurisdiction when we need to, and we think we can do that more effectively because we know the Asia-Pacific market well.  We know which firm will suit a particular case and we can put together a team to represent a client rather than having to build the brick and mortar office.”

Chaffetz Lindsey has an active Asia-related practice, having handled in the last year alone more than fifteen disputes involving seven different jurisdictions within Asia-Pacific.  Chaffetz Lindsey lawyers are active as counsel in Asia-related arbitrations, sit as arbitrators in arbitrations seated in Asia-Pacific, represent Asian clients in US litigations, and have active roles in regional organizations.  The firm has particular expertise in commercial and investment arbitration disputes arising out of Asia-Latin America investment flows.

To read the entire Law360 article, please click here (a subscription might be required to access the article).

Law360 Quotes James Hosking in “3 Things To Consider Before Getting An Emergency Arbitrator”

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March 2016 – The leading arbitral institutions now offer appointment of emergency arbitrators who can grant parties interim relief before a tribunal has been constituted.  Chaffetz Lindsey lawyers have been at the forefront of these innovations as counsel, arbitrator and drafters of the rules. In the Law360 article written by Caroline Simson, “3 Things To Consider Before Getting An Emergency Arbitrator,” Chaffetz Lindsey partner James Hosking offers his insights.

To read the article in its entirety, please click here (a Law360 subscription might be required).

Law360 Highlights Shareholder Dispute Victory for Chaffetz Lindsey Client Greatex

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February 2016 – Law360 reported on February 29th that Chaffetz Lindsey has filed a petition asking a New York federal court to confirm and enforce an arbitration award issued by an international arbitration tribunal in favor our client Greatex Trade & Investment Limited.  The dispute involved a project to develop a private aircraft facility at Stansted Airport in England.  The Tribunal rejected all the claims asserted by the claimant Eighteen Ltd. and awarded Greatex more than $300,000 in attorneys fees.

To read Law360’s entire story covering this arbitration, please click here (subscription might be required).

Greatex is represented by Steven H. Reisberg, Ted DeBonis, Stephanie Sado and Gretta L. Walters of Chaffetz Lindsey LLP.

The case is Greatex Trade & Investment Limited v. Eighteen Ltd, case number 1:16-cv-01540, in U.S. District Court for the Southern District of New York.

Charles Scibetta Elected to NYPLI Board of Directors

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February 2016 – Charlie Scibetta, Partner and Co-Founder of Chaffetz Lindsey, has been elected to the board of directors for New York Lawyers for the Public Interest (NYLPI).  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.  Through community lawyering, NYLPI puts its legal, policy and community organizing expertise at the service of New York City communities and individuals.  NYLPI’s partnership with the private bar strengthens its advocacy and connects community groups and non-profits with critical legal assistance.

The organization runs four major project areas:

  • NYLPI’s Pro Bono Clearinghouse maintains a network of over 80 law firms and corporate legal departments willing to volunteer their time to address the legal needs of New York’s underrepresented communities.
  • The Disability Justice Program works to advance civil rights and ensure equality of opportunity, self-determination, and independence for people with disabilities. Our advocacy spans many areas, including housing, transportation, education, community integration, and equal access to programs and services in New York City.
  • The Health Justice Program works to bring a racial justice and immigrant rights focus to health care advocacy in New York City and State through representing immigrant  and  detained  individuals  with  serious  health  care  needs,  providing support  to community based organizations mobilizing on the ground, and seeking to eliminate racial and ethnic discrimination and systemic and institutional barriers that limit universal access to health care and impact the social determinants of health.
  • The Environmental Justice Program provides community organizing and legal assistance to low-income neighborhoods and communities of color that bear an unfair burden of environmental threats.
  • What began in 1976 as a small-scale staff working to link low income clients and organizations with attorneys willing to volunteer pro bono legal services, NYLPI has grown into an unparalleled resource for low income, community-driven legal representation.

For more information about NYLPI, please click here.

Shareholder Litigation and Forum Selection Provisions

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January 2016 – The New York State Bar Association’s quarterly dispute resolution journal, Inside, includes an article by Jennifer Permesly and Stephanie Sado in its Winter 2015 edition entitled “Shareholder Litigation and Forum Selection Clauses.”

The article explores recent developments that permit Delaware corporations to require that all shareholder claims be litigated exclusively in Delaware courts, to the potential exclusion of arbitration clauses and other U.S. courts.

To read this article, please click here.

Reprinted with permission from: Inside, Winter 2015, Vol. 33, No. 3, published by the New York State Bar Association, One Elk Street, Albany, NY 12207.

Chaffetz Lindsey Team Wins Dismissal of Claims Against Former Director in Yukos-Related Litigation in the Southern District of New York

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January 2016 – A Chaffetz Lindsey team consisting of partner Andy Frischknecht and associates Tania Cohen and Jungmin Cho has obtained the dismissal of all claims asserted against a former director of entities controlling key non-Russian assets of the former Yukos Oil Company.  The case is Yukos Capital S.A.R.L. v. Feldman, No. 15-cv-4964 (LAK) (S.D.N.Y.), and our client is a third-party defendant sued by the named defendant in that action.

The Chaffetz Lindsey team successfully argued that the district court lacked personal jurisdiction over the former director.  The court agreed, dismissing all claims against the client “substantially for the reasons set out” in our briefs.  (Dkt. # 122).  The court also denied the named defendant’s request for jurisdictional discovery (while granting an opportunity to replead).  In the alternative, the court dismissed all claims against the client for failure to state a claim.

Chaffetz Lindsey Proudly Supports ISLP’s 15th Anniversary Gala

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December 2015 – Chaffetz Lindsey was proud to be a “Global Champion” sponsor of the gala luncheon to celebrate the 15th Anniversary of the International Senior Lawyers Project (ISLP) held at the Plaza Hotel in New York on December 1, 2015.

Former President Bill Clinton was the keynote speaker at the event, which honored Lifetime Achievement Award winners Anthony F. Essaye and Robert Kapp, Co-Founders of ISLP, and Global Pro Bono Visionary Award winner Richard N. Winfield.

The ISLP has sent hundreds of experienced lawyers to work, pro bono, with clients in more than 50 countries and has delivered more than $110 million worth of pro bono legal assistance to promote the rule of law and freedom of speech, to reduce corruption and to represent the interests of civil society organizations, least-developed country governments and other institutions and individuals.

Our founding partner David Lindsey has served for a number of years on the ISLP Board of Directors, and our firm has both made this organization one of our primary charities and provided volunteer support for its projects.  We congratulate the ISLP on this great milestone and will continue to support its great work around the world.

Unusual but Relevant: Some Commercial Arbitration Treaties to Keep at Hand

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November 2015 – The 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards is arguably the best known international treaty on arbitration and certainly the most frequently studied and applied worldwide. It is not, however, the only important treaty of its kind. A large number of lesser-known international arbitration treaties remain in force and can have significant practical effect. This article, written by Aníbal Sabater for the New York State Bar Association’s New York Dispute Resolution Lawyer (Fall 2015, Vol. 8, No. 2) considers some of them.

 

Chaffetz Lindsey Attorneys “Dash to the Finish Line”

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October 2015 – A day before the 2015 TCS New York City Marathon, thousands of runners took to the streets of Manhattan for the New York Road Runners’ Dash to the Finish Line 5K. Chaffetz Lindsey attorneys (from left to right in the photo below) Meredith Craven, Gretta Walters, Tania Cohen, Stephanie Sado, Aníbal Sabater and Justinian Doreste took to the pavement to prove that our lawyers are more than just sharp legal minds, they are fierce athletes as well!

For more information about the NYRR event, click here.  Congratulations to all the runners who competed!

Dash to the Finish_2015

 

Euromoney’s Expert Guides Names Four Chaffetz Lindsey Partners Top Commercial Arbitration Law Practitioners

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October 2015 – Euromoney’s 2015 edition of the Guide to the World’s Leading Commercial Arbitration Lawyers has been released, and several of Chaffetz Lindsey’s arbitration attorneys have been named to their list.

James Hosking, Yasmine Lahlou, David Lindsey, and Aníbal Sabater were all selected as top practitioners advising on commercial arbitration law.  The publication’s research process involves sending over 4,000 questionnaires to senior practitioners or in-house counsel involved in over 80 jurisdictions asking them to nominate leading practitioners based on their work and reputation.  The results are analysed and refined with advisers in legal centers worldwide.

For this year’s edition, Aníbal Sabater was selected to provide commentary on recent commercial arbitration developments in the United States.  His article, titled “State Acts on International Arbitration – How Much Do They Matter?,” can be read in its entirety by clicking here.

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