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Keith Hamilton Fichtelman

Keith Hamilton Fichtelman

Nelson Comis Kettle & Kinney LLP
  • International Law, Business Law
  • California, England & Wales, New York
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Biography

Keith is dual-qualified as a United States (California & New York) attorney and Solicitor of England and Wales. Keith’s practice focuses on civil litigation, including international arbitration and dispute resolution, and providing outside counsel services to a variety of clients. Keith has also successfully represented several refugees on a pro bono basis in seeking asylum before the U.S. Immigration Courts. Keith also serves as a temporary judge for the Los Angeles County Superior Court.

Keith’s litigation background has included represented a diverse group of clients in a wide spectrum of disputes including contract disputes, trade secrets, copyright and trademark, fraud, civil RICO, personal injury claims, and financial services litigation.

Keith also regularly advises companies of various sizes as outside counsel on such issues as contract negotiations, employment law, anti-corruption laws, insurance issues, international law, and due diligence investigations. Keith also advises craft breweries and wineries on issues relating to California and federal alcohol laws.

Keith has regularly represented and/or advised clients in disputes pending before various international arbitration forums, including the Singapore International Arbitration Centre (SIAC), the International Chamber of Commerce (ICC), and the London Maritime Arbitrators Association (LMAA).

While in law school, Keith participated in a prestigious externship with the International Criminal Tribunal for Rwanda based in Arusha, Tanzania. The tribunal was tasked with the adjudication of war crimes charges against the alleged perpetrators of the 1994 Rwandan Genocide.

Keith also manages the general interest blog https://venturalaw.blog/ and the special interest blogs https://intlarbitration.com/ and https://wine-brew-law.com/.

Prior to joining Nelson Comis Kettle & Kinney LLP, Keith worked with two large international law firms based in Los Angeles.

Education
UCLA School of Law
J.D.
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University of California - Los Angeles
B.A.
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Professional Experience
Partner - Attorney at Law | Solicitor
Nelson Comis Kettle & Kinney LLP
- Current
Attorney at Law | Solicitor
Lee Hong Degerman Kang & Waimey
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Trial Attorney
McDermott Will & Emery
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Chambers Intern
International Criminal Tribunal for Rwanda
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Speaking Engagements
California is Open for Business for International Arbitrations, Benefits of Arbitration LA Conference, Los Angeles, CA
Korea International Trade Association & KCAB International
A discussion of the Passage of SB 766 and Its Impact on International Arbitration Proceedings in California
WHEN MONEY IS NOT ENOUGH: ENSURING EQUITABLE RELIEF IS AN OPTION IN ARBITRATING TECHNOLOGY AGREEMENTS, The New Engine of Growth in Asia Conference: Investment and Technology, Seoul, Korea
American Bar Association - International Section
Panel chair for discussion of equitable relief available in international arbitration proceedings under the laws of the United States, Korea, China, and Englang and Wales.
Enforcement of Foreign Money Judgments in the United States, U.S. Visit of Korea Ministry of Justice Interns, Los Angeles, CA
Republic of Korea Ministry of Justice
Presentation to legal interns from the Republic of Korea's Ministry of Jusice while they visited the United States concerning the enforcement of foreign money judgments in United States courts.
California Civil Litigation: Law and Motion Practice, U.S. Visit of Korea Ministry of Justice Interns, Los Angeles, CA
Republic of Korea Ministry of Justice
Lecture to a group of interns from the Korean Ministry of Justice visiting the United States to learn more about the US justice system concerning law and motion practice in California state and federal courts.
Awards
W. Ward Reynoldson Award
American Mock Trial Association
Awarded to coaches of collegiate mock trial teams whose teams made it to the national final round.
Professional Associations
State Bar of California  # 262476
Member
Current
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Jurisdictions Admitted to Practice
California
State Bar of California
ID Number: 262476
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England & Wales
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New York
New York State Office of Court Administration
ID Number: 5395660
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Fees
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
Practice Areas
International Law
Human Rights, Imports & Exports
Business Law
Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
Languages
  • English
Legal Answers
Q. Internacional Law. Can any legal steps be made in this situation with the company in China?
A: There are a few issues here that are going to have a bearing on the answer.

First and foremost, did you have a written contract (even emails back and forth confirming terms) or was this all oral communications? If you have a written contract, those terms would control. Was your contract (either oral or written) with the agent or the Chinese company? If with the agent, where is the agent located?

You say the company was Chinese, but the bank account was in Hong Kong. Was the agent or company based in mainland China or in Hong Kong? China and Peru are both signatories to the Convention for the International Sale of Goods (CISG). Hong Kong (although part of China) has typically been found to not be bound by the terms of the CISG due to issues when the United Kingdom turned control over to China and Hong Kong's special status within China.

If the CISG applies, Article 79 would likely allow you to claim a refund since a new impediment (Peru's government regulations) unexpectedly arose to prevent the contract from being fully performed.

But ultimately if the agent/company are refusing to return the money that you already paid, you may need to engage Chinese or Hong Kong counsel to assist with recovery of the money.
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Websites & Blogs
Website
Contact & Map
Nelson Comis Kettle & Kinney LLP
300 E. Espalande Dr.
#1170
Oxnard, CA 93036
Telephone: (805) 604-4116
Monday: 9 AM - 5 PM
Tuesday: 9 AM - 5 PM
Wednesday: 9 AM - 5 PM
Thursday: 9 AM - 5 PM
Friday: 9 AM - 5 PM (Today)
Saturday: Closed
Sunday: Closed