International Litigation and Arbitration
CASTAYBERT PLLC is experienced in handling complex international litigation and arbitration. The firm’s lawyers have represented foreign clients and witnesses in cases in American state and federal courts and in arbitration matters. The firm’s principal attorney has handled matters on behalf of French, English, Italian, Japanese, and Indian corporate and individual clients in the United States, often with parallel proceedings pending in foreign jurisdictions. The firm is well acquainted with service of process rules, document discovery, and taking witness testimony abroad, including the application of the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters.
REPRESENTATION OF FOREIGN CLIENTS AND DISCOVERY ABROAD
The firm’s lawyers have sought and obtained document discovery or witness testimony in England, Bermuda, France, Belgium, Switzerland, Luxembourg, among other places. We understand the potential effects and impact of EU, English, French, Luxembourg and Swiss labor, privacy and confidentiality laws on litigation in the United States.
EXPERIENCE IN DIFFERENT ARBITRATION FORUMS
Our attorneys have first-hand experience handling international arbitrations under the rules and procedures of a variety of arbitration forums, including the American Arbitration Association/International Centre for Dispute Resolution (AAA/ICDR) and the International Court of Arbitration of the International Chamber of Commerce (ICC). They have appeared before several of the leading and respected international arbitrators.
U.S. DISCOVERY IN AID OF FOREIGN PROCEEDINGS
The firm’s litigators have represented clients seeking and opposing discovery in the U.S. in aid of foreign proceedings and arbitrations and have extensive knowledge regarding the enforcement of foreign judgments and arbitration awards in the American courts. To learn more about how CASTAYBERT PLLC can assist you with U.S. discovery in aid of foreign proceedings, please explore the related practice area or contact us.
U.S. ENFORCEMENT OF INTERNATIONAL ARBITRATION AGREEMENTS
The firm’s litigators also have considerable experience in American state and federal courts enforcing and challenging arbitration agreements and are fully familiar with federal and state arbitration acts and their application to international arbitration proceedings.
EXPERIENCE IN ITC PROCEEDINGS
CASTAYBERT PLLC’s principal attorney has experience representing foreign clients in Section 337 proceedings before the International Trade Commission (ITC). Typically, Section 337 matters involve claims that a company’s intellectual property rights have been infringed, most often patent infringement, but also trade secret misappropriation and violation of anti-trust law. Under Section 337, the ITC has the power to exclude imported products, following an expedited investigation and hearing. The firm’s principal attorney has experience in ITC proceedings, having defended a Luxembourg company from alleged misappropriation of trade secrets, in a Section 337 action brought by an American company dominant in its industry. To learn more about how the firm can guide you in connection with an ITC Section 337 proceeding, please contact us.
JURISDICTIONAL, CHOICE OF LAW, AND ARBITRATION CLAUSE COUNSELING
In transactional situations, the firm advises contracting parties on international contract issues and provisions such as choice of law, jurisdiction, arbitration, and mediation provisions.
INTERNATIONAL ATTORNEY NETWORK
As a result of their involvement in international litigations and in bar associations the firm’s lawyers have developed deep and extensive network of relationships with leading mediators, and practitioners in the United Kingdom, France and Switzerland, in particular. The firm’s founder, André Castaybert, is fluent in French and is currently a member of the Commercial Arbitration & ADR Committee of the New York State Bar Association, and a former member of the New York City Bar Association’s Committees on International Law and European Affairs.
