Daniel Schimmel

Representative Experience

Arbitration

• Chair of an ICC arbitral tribunal, with a seat in Tel Aviv, in an international arbitration involving parties in Luxembourg and Germany arising from the parties’ joint bid in response to a request for proposal.  
• Sole arbitrator in an arbitration governed by the Expedited Procedures of the AAA Commercial Arbitration Rules, involving parties in Canada, Norway, and the U.S. regarding an employment and compensation dispute.
• Sole arbitrator in an arbitration governed by the Expedited Procedures of the AAA Commercial Arbitration Rules arising from a contract to purchase future receivables.
• Emergency arbitrator in an arbitration governed by the AAA Commercial Arbitration Rules arising from an exclusive distribution agreement in the food industry.
• Sole arbitrator in an arbitration governed by the Expedited International Procedures of the ICDR between parties in Canada and the U.S.
• Sole arbitrator in an arbitration administered by AAA arising from the engagement of a merchant banking firm to help develop investment opportunities in the renewable energy sector. 
• Co-arbitrator in an arbitration administered by the ICDR involving parties in China and the U.S., arising from a contract to purchase products in the life science industry and allegations of antitrust violations. 
• Emergency arbitrator in a construction arbitration administered by AAA under the Construction Arbitration Rules.  
• Emergency arbitrator in an arbitration administered by the ICDR involving a $600 million dispute between joint venture partners. 
• President of an arbitral tribunal in an ICC arbitration involving a software dispute in the aviation industry.
• Sole arbitrator in an ICDR arbitration arising from a distribution agreement between parties in Sweden and the U.S.
• Sole arbitrator in an ICC arbitration arising from a construction dispute over the conversion of power plants into liquefied propane gas plants.
• Sole arbitrator in an international arbitration governed by the AAA Commercial Arbitration Rules arising from an international management contract between Brazilian and U.S. parties.
• Emergency arbitrator in an ICDR international arbitration involving a long-term exclusive distribution agreement between parties in Italy and the United States.
• Sole arbitrator in an international arbitration governed by the ICC Rules arising from a contract to provide satellite broadband services between parties in Colombia and Québec.
• Chair of a three-member arbitral tribunal hearing a dispute governed by the AAA Commercial Arbitration Rules arising from a contract between parties in the United Arab Emirates and New York.
• Chair of a three-member arbitral tribunal hearing a dispute governed by the ICDR Procedures arising from a contract in the biomedical industry between parties in Sweden and the United States.
• Co-arbitrator in a three-member arbitral tribunal hearing an international arbitration governed by the ICC Rules between parties in Hong Kong and Europe arising from international corruption investigations under the U.K. Bribery Act and the Foreign Corrupt Practices Act.
• Sole arbitrator hearing a dispute under the UNCITRAL rules involving parties from the Netherlands and United Kingdom.
• Represent a Canadian company with headquarters in Québec against a Chinese company in an international arbitration governed by the ICDR Procedures arising from a contract to represent, sell, and distribute products in Canada.
• Represent a French company against French and German companies in an international arbitration governed by the ICC Rules arising from a license and know-how agreement.
• Represent a biopharmaceutical company against a pharmaceutical company in in an international arbitration governed by the ICC Rules arising from a Collaboration Agreement.    
• Represented major French-American industrial group against a U.S. telecommunications company in an arbitration under the CPR Non-Administered Arbitration Rules involving indemnification issues.
• Represented the owner of a construction site against the contractor in an ICC international arbitration arising from the construction of an oil facility in Venezuela, the most important ICC arbitration at the time.
• Represented major French-American industrial company against a Chinese company in an ICC international arbitration in Hong Kong arising from a patent license agreement.
• Represented major French-American industrial company against a German company in an ICC international arbitration in New York regarding the ownership of patents.
• Represented Brazilian clients against their Japanese joint venture partner in an international arbitration in New York under the ICDR Rules arising from the exercise of a right of first refusal.
• Represented a U.S. joint venture partner against its Mexican joint venture partner in an ICC international arbitration in Mexico arising from a joint venture contract.
• Represented a corporation incorporated in the People’s Republic of China against a company incorporated in the United Kingdom in an international arbitration in New York under the ICDR Rules 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 United Kingdom in a dispute with its U.S. 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 a dispute over severance terms and non-compete obligations.
• Represented several corporations in domestic arbitrations arising from merger and acquisition transactions and lease agreements.

Commercial Litigation

• Represent a major French life-sciences group in a lawsuit pending in federal court, in Florida, involving allegations of trademark infringement.
• Represent a major French life-sciences company in a product liability lawsuit pending in state court, in Illinois. 
• Represented a major French company in an action brought in federal district court in San Francisco against that company, alleging violations of the Computer Fraud and Abuse Act and theft of trade secrets. Obtained a unanimous jury verdict.
• Represented major French company in an action brought in federal district court in Chicago against that company, alleging RICO, fraud, and misappropriation of trade secrets and obtained dismissal of that action.
• Represented major French bank in action brought in federal district court in Los Angeles against that bank alleging securities fraud claims, conspiracy, and other claims arising from the acquisition of a French company by a California purchaser. Obtained dismissal of that action.
• Represents French and Luxembourg banks in Madoff-related lawsuit in New York.
• Represents French and Luxembourg banks in bankruptcy litigation.
• Represented French industrial group in connection with letter rogatory seeking documents and a deposition in France.
• 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 a boutique investment bank in a compensation dispute with one of its former partners.
• Represented corporate clients in various breach of contract, fraud and tortious interference actions pending in New York State Supreme Court and the U.S. District Court for the Southern District of New York.
• Represented a museum in connection with a dispute arising from the purchase of a painting from a seller in Paris.
• Represented collectors and art dealers in connection with various art law disputes.
• Representing a French client in proceedings pending in federal courts seeking discovery in the United States in connection with an action pending in Paris.

Class Action Lawsuits

• Represented a European manufacturer in connection with antitrust class action.
• Represented a museum in connection with the auction houses antitrust litigation.

Foreign Corrupt Practices Act (FCPA)

• Represented a 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 a 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 a committee of independent directors of a U.S. corporation regarding potential Foreign Corrupt Practices Act (FCPA) violations.
• Co-arbitrator in ICC international arbitration in Geneva arising from international corruption investigations under the FCPA and the U.K. Bribery Act.