Members of Mascarenhas Law have lived and worked all over the world, including in the United States, India, the Middle East, East and Southeast Asia, Europe, North and West Africa, and South America.  Accordingly, we have extensive and well-developed relationships with counsel in diverse jurisdictions and know how to work with lawyers and clients who are trained in different legal traditions. We are therefore well placed to coordinate global and parallel disputes unfolding in arbitral hearings and courtrooms in multiple jurisdictions.

 

The firm is especially qualified to:

•   Obtain U.S.-based discovery in aid of foreign (non-U.S.) proceedings under 28 U.S.C. § 1782.

•   Enforce domestic and foreign (non-U.S.) arbitration awards and foreign (non-U.S.) judgments in U.S. courts.

•   Seek annulment / set-aside of domestic and foreign (non-U.S.) arbitration awards in U.S. courts.

•   Obtain interim measures in support of domestic and international arbitration in U.S. courts.

•   Use post-judgment discovery and execution tools available under U.S. state and federal laws in collection proceedings over unpaid arbitration awards and judgments. 

•   Represent parties (sovereign and non-sovereign) in disputes involving application of the Foreign Sovereign Immunities Act.

•   Act as strategic advisors and coordinating counsel for foreign proceedings and multi-jurisdictional litigations.

 

Mascarenhas Law’s U.S. litigation experience includes:

•   Represented a New York private equity firm in lawsuits before more than a dozen U.S. state and federal courts, and in related bankruptcy proceedings, arising from the firm’s investment in a manufacturing company, resulting in a comprehensive global settlement.

•   Represented a U.S. cybersecurity company in an interlocutory appeal before the California state court of appeals concerning access to intellectual property and questions of civil procedure.

•   Represented an employee pursuing claims against a former employer under the Fair Labor Standards Act and New York Labor Law before the Court of Appeals for the Second Circuit.

•   Represented a client in post-conviction proceedings concerning ineffective assistance of trial counsel before the Court of Appeals for the Second Circuit.

•   Represented a criminal defendant charged with financial crimes in plea negotiations and at sentencing before the Southern District of New York.

•   Represented a property owner in a civil forfeiture action in the Western District of North Carolina.

•   Represented custodial parents petitioning for the return of minor children under the Hague Convention on the Civil Aspects of International Child Abduction before the Eastern District of New York.

•   Advised a U.S. company and coordinating its strategy for enforcing an arbitral award in multiple U.S. states.

 

Our experience representing or advising (in close coordination with local counsel teams in the relevant jurisdictions):​

•   A global energy supermajor in four litigations before the Singapore High Court, involving complex commodities trading and trade finance issues.

•   A global financial institution in proceedings before the Malaysian courts related to the 1MDB scandal.

•   A Middle Eastern telecommunications company in appellate proceedings before the Supreme Court of Indonesia regarding a VAT assessment.

•   A global private equity firm in parallel litigations before the Indian courts under Section 9 of the Indian Arbitration and Conciliation Act.

•   A Japanese company in an enforcement action in Saudi Arabian courts of an ICC award against Saudi Arabian assets.

•   The Republic of Korea in its application before the courts of England and Wales to set aside an arbitral award.

•   A U.S. company on its strategy for enforcing an arbitral award in India.

•   A Canadian petrochemical company in a dispute arising out of a JVA before the Court of Appeal of Alberta, Canada.