Chiesa Shahinian & Giantomasi PC’s Post

💡 In this edition of Commercial Disputes Weekly we consider decisions from courts at all levels dealing with issues relating to sanctions, arbitration enforcement, damages, leases and contract interpretation. Read more: https://lnkd.in/e2skc-R8   #WFW #DisputeReolution

The International Arbitration and Enforcement Forum 2024 | 8th October 2024 | Central London With practitioners from many jurisdictions giving unique perspectives from around the world, learn about cross-border issues that are becoming increasingly relevant to arbitration and enforcement. Network with your peers to strengthen contacts across these regions to navigate future developments, and better engage with current cases. Book now at the early-bird members' rate of £699 + VAT and save £400 https://lnkd.in/enuRsT7i #Arbitration #Disputes #TradeAgreements #TL4

Read the latest Milbank Insight from #InternationalArbitration partner Viren Mascarenhas discussing whether an enforcement strategy should include seeking to enforce an arbitration award against an entity who was not a party to the arbitration proceeding and not, strictly speaking, an award debtor, under a variety of legal theories. This is a follow-up Insight to the previous one titled: “Enforcing Foreign (non-US) International Arbitration Awards Against Award Debtors in the United States,” discussing whether a party should seek to enforce an arbitration award rendered outside the United States in US courts on the basis that the award debtor had assets in the United States, such as bank accounts or property, that could be used to satisfy the award.   Read “Enforcement of non-US Arbitral Awards Against Third Parties in the United States” here: https://lnkd.in/guY7xm72

International arbitration Partner Neil Newing discusses in a series of articles whether the enforcement of foreign arbitral awards is safe against fraud. These articles arise out of the recent High Court decision in Contax Partners Inc BVI v Kuwait Finance House (KFH-Kuwait) and Others [2024] EWHC 436 (Comm). Neil considers the issue from a variety of angles. His latest article is published in Financial Regulation International. #InternationalArbitration #Arbitration #ArbitralAwards #Fraud #Regulation #HighCourt

Unified Patents’ General Counsel Calls for Mandatory Disclosure of Litigation Funding In an opinion piece for Bloomberg Law, Jonathan Stroud, general counsel at Unified Patents, argues that the latest revelations around foreign entities involvement in litigation funding demonstrates both the necessity and the urgency for new rules governing transparency and disclosure. In the article, he argues that the litigation finance industry “needs an overhaul to build in transparency”, suggesting that anything less than significant regulatory changes will allow “other countries to profit off the US judicial system and circumvent sanctions.” https://lnkd.in/e5tXr5Fs #litigationfinance #litigationfundng #legalfinance #legalfinding #patentlitigation #IPlitigation #litfin #regulatory

An investment firm tied to Russian billionaires has found a back door into U.S. influence and out of sanctions: through the courts. A recent report exposed that A1, a subsidiary of Russian financial giant Alfa Group, has funded lawsuits in New York and London and is funding at least a dozen cases around the world---allowing it to try to avoid sanctions. This is a result of the lack of transparency requirements for the litigation funding industry. Fortunately, a bipartisan group of federal lawmakers has taken a first step toward mandatory transparency for foreign litigation funders investing in U.S. litigation. https://lnkd.in/e756URfd

Rethink global trade practices and dispute resolution strategies for businesses and law firms. Learn how culture impacts business relationships and conflict management, as outlined in the latest ICC report. #ADR #Arbitration

There’s been a circuit split on an issue since the 1980s: how do you measure the amount in controversy for diversity jurisdiction purposes where the lawsuit is for injunctive or declaratory relief? For instance, when a plaintiff sues a manufacturer demanding a recall or that warnings be put on a product. One stance is to ask and measure how much money will it take the defendant to comply if the plaintiff wins. Another stance is to ask what is the value of the monetary benefit to the plaintiffs if they win. The latter makes no sense to me and seems unfair because when a plaintiff files a suit for declaratory or injunctive relief they are literally NOT asking for money damages. So it’s a bizarre inquiry. Although in 1993 the 11th Circuit adopted the latter view, it did so only because the former Fifth Circuit had (and back then stare decisis meant much more than today) and while openly questioning the wisdom of the viewpoint. In fact, that panel decision hinted that en banc review may be appropriate and hoped for clarity from SCOTUS. Neither happened. Other circuits have allowed looking to a defendant’s cost of compliance. Anyway, in a recent case we filed, the defense moved to dismiss based on lack of SMJ on this exact point. The district court took several months but ultimately agreed with the defense and relied on that binding-but-shaky 11th Circuit case. Ok fine, we have appellate rights. But… Defense counsel is now seeking Rule 11 sanctions against me for even filing the lawsuit given that, according to him, I should have known there was no way to establish diversity jurisdiction. Think about that for a moment. There’s been a circuit split for decades, several federal courts agree with my position, and even the case he relies on openly questions the wisdom of the principle on which he won on, and yet, he is going the extra mile to sanction me for having no good faith basis to file the suit. When people wonder why Florida (but South Florida especially) litigation is the most toxic and dilatory, this is why. 🤦♂️. This lawyer set up a call to confer on his forthcoming motion for sanctions and could not have been more chipper and proud about what he was doing too. The win wasn’t good enough—now he needs to go beyond the pale and move for sanctions too. He represents a major corporation.

Rethink global trade practices and dispute resolution strategies for businesses and law firms. Learn how culture impacts business relationships and conflict management, as outlined in the latest ICC report. #ADR #Arbitration

Highlighting some of their most satisfying achievements of the past year, members of our Litigation Group discussed their success in one of the largest-ever antitrust matters stemming from an alleged conspiracy to manipulate foreign currency exchange rates. Congrats to our New York team on being named a "Litigation Department of the Year, Finance" finalist by the New York Law Journal! Read more in this NYLJ profile: #recognition #litigation #finance #law