Sherby & Co., Advs. - What's New: Recent

Dec2023

ABA Publishes Sherby’s Article On "Baseball" (final offer) Arbitration

The American Bar Association recently published Eric Sherby's article entitled "Baseball Arbitration - Not Much of an International Game." The article, which was published in the ABA’s International Dispute Resolution News, discusses the process known as "baseball arbitration" (sometimes referred to as “final offer arbitration”) and its limited success in the field of international dispute resolution.

The article describes some of the advantages of baseball arbitration yet concludes that it is not surprising that baseball arbitration has not caught on in the international arena.

Nov2023

Multiple Media Organizations Publish Op-Ed Pieces By Sherby on Israel’s Security Situation

Both before the war that started on Oct. 7 and after, several media organizations have published Op-Ed pieces authored by Eric Sherby.

In reverse chronological order, here are links to pieces published by The Washington Times, The Jerusalem Post, and The Times of Israel:

Sep2023

ABA International Taps Sherby For Year In Review on International Litigation

The American Bar Association’s International Litigation Committee has chosen Eric Sherby to serve as Editor for its annual Year In Review submission on developments in the field of international litigation.

It is expected that the 2023 Y.I.R. submission by the committee will address the following topics:

Foreign Sovereign Immunities Act;
International Service of Process;
Personal Jurisdiction;
The Act of State Doctrine;
International Discovery;
Extraterritorial Application of United States Law;
Recognition and Enforcement of Foreign Judgments;
Forum Non Conveniens;
Parallel Proceedings.

Dec2021

Sherby To Speak at World Litigation Forum, In Dubai, On International Evidence Taking

Eric Sherby will be speaking at the Eleventh Annual World Litigation Forum, to take place in Dubai (UAE), on January 19 and 20, 2022.

Mr. Sherby's topics will be the Hague Evidence Convention and evidence taking under the American statute "Assistance to foreign and international tribunals and to litigants before such tribunals" (28 U.S.C. § 1782).

Mr. Sherby is believed to be among the first Israeli lawyers to be invited to speak at an international legal conference in the UAE.

Nov2020

ABA Publishes Sherby's Article, Critical of Singapore Mediation Convention

The American Bar Association's International Section has published Eric Sherby's article, entitled "The Singapore Convention: The Emperor's New Clothes of International Dispute Resolution." (To view a copy of the article please click here.)

After the article was published, Mr. Sherby received the following feedback from other ADR specialists:

Professor Bryan Clark (UK, expert in international commercial law and dispute resolution) has stated that Mr. Sherby's analysis of the convention "is incredibly insightful."
Rom Chung (Hong Kong, experienced arbitrator, mediator, and governmental advisor) has stated that the article makes "profound arguments" and is a "masterpiece of keen in-depth analysis of the issues."
Konstantin Voropaev (Russia, in-house corporate attorney) has stated that Mr. Sherby's "in depth analysis" of the Singapore Convention leaves him "astonished that [its] deficiencies had not already been addressed by ADR professionals."
Gabor Farkas (Geneva, a mediator with twenty years of experience) has called Mr. Sherby's analysis "brilliant."

Oct2020

Tel Aviv Court Appoints Sherby To Take Evidence For Use In U.S. Partnership Dispute

The Tel Aviv Magistrates Court has appointed Eric Sherby to take evidence from Israeli witnesses for use in a case pending before a court in Illinois.

The appointment was made pursuant to a Letter of Request (under the Hague Evidence Convention) signed by the Illinois court. The Letter of Request specifically proposed Mr. Sherby (by name) as the Israeli lawyer to be appointed by the Israeli court, pursuant to section 16(b) of Israel's Legal Assistance To Foreign Nations Law.

The Letter of Request seeks both documentary discovery and deposition testimony.

Jun2020

Tel Aviv Court Approves Sale, by Eric Sherby, As Co-Receiver

The Tel Aviv Magistrates Court has approved the sale by Eric Sherby (as one of two receivers) of a building in Tel Aviv that has been owned for decades by four groups of owners.

The court appointed Mr. Sherby as a receiver in early 2019. The appointment was made after one owner (not a client of our firm) had filed a motion to dismantle the partnership that owns the building.

The sale price was significantly in excess of the appraised value of the building.

Jul2018

Tel Aviv Court Appoints Sherby To Take Evidence For Use In U.S. Patent Litigation

The Tel Aviv Magistrates Court has appointed Eric Sherby to take evidence from nine (9) Israeli witnesses for use in a patent case pending before a federal court in Massachusetts.

The appointment was made pursuant to a Letter of Request (under the Hague Evidence Convention) signed by the Massachusetts court. The Letter of Request specifically proposed Mr. Sherby (by name) as the Israeli lawyer to be appointed by the Israeli court, pursuant to section 16(b) of Israel's Legal Assistance To Foreign Nations Law.

The Letter of Request seeks both documentary discovery and deposition testimony.

This is the second time in five months that Eric Sherby has been appointed by an Israeli court to take evidence for use before an American federal court. Earlier this year, such appointment had been requested by the U.S. Securities and Exchange Commission.

Feb2018

Jerusalem Court Appoints Sherby, At Request Of U.S. Securities and Exchange Commission, To Take Evidence In Israel

The Jerusalem Magistrates Court has appointed Eric Sherby to take evidence from five Israeli witnesses for use in two insider trading cases pending before a federal court in New York.

The appointment was made pursuant to a request (under the Hague Evidence Convention) signed by the New York court. The request specifically proposed Mr. Sherby (by name) as the lawyer to be appointed by the Israeli court, pursuant to section 16(b) of Israel's Legal Assistance To Foreign Nations Law. (A copy of the request can be accessed here (requires PACER username and password).

The party in the New York case that proposed Mr. Sherby as the appointed attorney is the U.S. Securities and Exchange Commission.

What's New: Recent