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| Phone: (212) 808-7530 |
Fax: (212) 808-7897 |
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| Mr. Schimmel's practice focuses on international arbitration proceedings, litigation, and internal investigations. Mr. Schimmel has served as counsel or as arbitrator in international arbitrations arising from M&A transactions, shareholders' agreements, joint venture agreements, construction and infrastructure projects, licensing agreements, and employment agreements of key executives. He also represents companies and individuals in commercial litigation in the United States, including French-speaking clients. |
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Representative Experience:
Arbitrations
Arbitrator appointed by the International Chamber of Commerce in a dispute involving parties from the Netherlands and UK, arising from a franchise agreement.
Represented Brazilian clients against their Japanese joint-venture partner in an international arbitration in New York arising from the exercise of a right of first refusal.
Represented the owner of a construction site against the contractor in an international arbitration in New York arising from the construction of an oil facility in Venezuela.
Represented a U.S. joint-venture partner against its Mexican joint-venture partner in an international arbitration in Mexico arising from a joint-venture contract.
Represented a corporation incorporated in the PRC against a company incorporated in the UK in an international arbitration in New York arising from a license agreement to manufacture and sell automobiles in China.
Advised a Canadian corporation in a dispute with the Brazilian buyer of a business regarding adjustments to the purchase price.
Advised a mining corporation incorporated in the UK in a dispute with its US joint-venture partner regarding the exercise of the right of first refusal.
Represented a corporation against its former CEO in a domestic arbitration arising from dispute over severance terms and non-compete obligations. Obtained the first decision in the SDNY directing a third party to produce documents in aid of arbitration under the Federal Arbitration Act.
Represented several corporations in domestic arbitrations arising from M&A transactions and lease agreements.
Litigation
Represented one of the largest Canadian corporations and certain of its directors and officers in connection with several lawsuits pending in federal courts arising from the build-out of an international telecommunications network.
Represented corporate clients in various breach of contract, fraud, and tortious interference actions pending in New York State Supreme Court and federal court in the SDNY.
Represented a museum in connection with a dispute arising from the purchase of a painting from the seller in Paris.
Represented a museum in connection with the auction houses antitrust litigation.
Represented collectors and art dealers in connection with various art law disputes.
Assists the Prosecution Division of the International Criminal Court.
Represented a death-row inmate in Florida.
Represented French client in proceedings pending in federal courts seeking discovery in the US in connection with action pending in Paris.
Internal Investigations
Represented joint-venture in an internal investigation of possible violations of statutes prohibiting bribery and money laundering. The investigation was conducted in 30 jurisdictions, including the United States, Europe, Africa, and Asia.
Represented French company in connection with simultaneous administrative and criminal proceedings in France and the United States involving possible violations of legislation prohibiting bribery and money laundering.
Advised committee of independent directors of U.S. corporation regarding potential FCPA violations. |
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Professional Activities:
Member, ICC Commission on Arbitration.
Member, Advisory Committee on International Arbitration and International Discovery Guides, Federal Judicial Center.
Member, ICC Task Force on Production of Electronic Documents in Arbitration.
Member, International Commercial Disputes Committee, NY City Bar Association.
Member, Executive Group of the Association of Alumni of French "Grandes Écoles" in the United States.
Representative of Lawyers Without Borders at the United Nations.
Philip C. Jessup International Law Moot Court Competition: Keynote speaker at the opening of the International Rounds in Washington, D.C., an event attended by competitors from 90 countries and more than 100 schools (2003, 2005). |
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Publications:
Judge Antoine Garapon, Daniel Schimmel, Barbara Villez, Jean-Louis Langlois, CD Rom of comparative litigation France-United States (in process).
Co-author, New Respect for Hague Evidence Convention in Discovery, New York Law Journal, May 2008.
Co-Author of International Commercial Debt Collection, Carswell 2007.
Co-author, "U.S. Developments on the Enforcement of Awards Set Aside by the Courts of the Seat of Arbitration," Stockholm International Arbitration Review, December 2007.
Co-author, "The Interplay Between Treaty and Contract Claims and the Bayindir Decision," World Arbitration & Mediation Report, Fall 2006.
Co-author, "Les Actions Collectives Devant les Tribunaux Américains, Théorie, Pratique, et Évolution Récente," Note in Code Monétaire et Financier, Litec 2006.
"Peine de Mort aux États-Unis: un Espoir Vient de la Cour Suprême, Actualité Juridique Pénal," Dalloz, July-August 2005.
Co-author, "A New Framework for International Investment: Changes in the U.S. Model Bilateral Investment Treaty," World Arbitration & Mediation Report, February 2005. |
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Speaking Engagements:
Canadian Bar Association, Montreal: Speaker on discovery and e-discovery in international arbitration and litigation, November 2008.
Daniel Schimmel, U.S. litigation seminar, National Judge School, Paris, France, October 2008.
Antoine Garapon, Daniel Schimmel: Speaker on French and American Civil Procedure Compared, conference at the Cour de Cassation (French Supreme Court), October 2008.
Center of Law and Economics of ESSEC Business School: Speaker on the resolution of intellectual property disputes in international arbitration, October 2008.
Judge Antoine Garapon, Daniel Schimmel, Barbara Villez, "French and American Criminal Procedures Compared," seminar for French and U.S. judges, prosecutors, and law enforcement agencies, École Nationale de la Magistrature, May 2008.
Daniel Schimmel, Comparative Litigation France/U.S., French National Radio (France Culture), February 2008.
Judge Antoine Garapon & Daniel Schimmel, "Filming Legal Cultures: French and American Civil procedures compared," West Legal Ed. Center, October 2007.
Judge Antoine Garapon & Daniel Schimmel, "Comparing Trials and Cultures: The U.S. and France," The World Bank, October 2007.
Judge Antoine Garapon & Daniel Schimmel, "Filming Legal Cultures: French and American Civil procedures compared," Columbia University Law School, October 2007.
International Law Institute, Washington D.C.: Speaker on the enforcement of international arbitral awards arising from investment disputes, June 2007.
Canadian Bar Association, Montreal: Speaker on personal jurisdiction over foreign corporations in the United States, February 2007.
Asia Pacific Regional Arbitration Group Conference, Hong-Kong: Speaker on the management of costs in arbitration, December 2006.
International Law Weekend, 2006, New York, organized by the American Branch of the International Law Association: Speaker on the evolution of international courts.
McGill University, Montreal: Guest Lecturer on discovery practices in international arbitration and differences in common law and civil law traditions at a seminar for participants from Canada, the United States and Mexico, June 2006.
Conference on Developments in ICC Arbitration and Investment Treaty Arbitration, New York: organizer of the conference sponsored by the ICC and the Young Arbitrators Forum, January 2006.
University of Paris XI Law School: Guest Lecturer on topics of U.S. law at the invitation of Mme Alice Pezard, Presiding Judge of sections of the Paris Court of Appeal, May 2005. |
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Prior Positions:
Counsel and Associate, Shearman & Sterling LLP, 1996-2007
First Law Clerk, Honorable Jed S. Rakoff, United States District Judge (SDNY), 1996
Law Clerk, Tribunal de Grande Instance de Bobigny, France, 1992-1993 |
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Bar Admissions:
New York, 1995
United States Court of Appeals for the Second Circuit
United States District Courts for the Southern, Eastern and the Western Districts of New York
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| Education:
Columbia University, JD, 1997
Harlan Fiske Stone scholar
Whitney North Seymour Jr. Medal awarded by the Trustees of Columbia University
Columbia University, LLM, 1994
University of Paris 2 Law School, magna cum laude, 1993
École Supérieure des Sciences Économiques et Commerciales, BA, 1991
Business Administration
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Language Capability:
French, Hebrew
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Honors:
Thurgood Marshall Award awarded by the Association of the Bar of the City of New York for the pro bono representation of a client on death row.
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Office Location:
101 Park Avenue
New York, NY 10178-0002
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