David Zaslowsky

July 24, 2024 | New York Law Journal

The impetus for this column was the recent decision in 'Spineway SA v. Strategos Group', in which parties acknowledged that they had agreed to arbitrate their dispute, but disagreed about the arbitral institution and corresponding rules.

By Lawrence W. Newman and David Zaslowsky

11 minute read

May 22, 2024 | New York Law Journal

This articles discusses the continued vitality of the party-appointed arbitrator function and how it is treated by international arbitration users and their counsel in the face of guidelines and rules that have an impact on it.

By Lawrence W. Newman and David Zaslowsky

10 minute read

January 24, 2024 | New York Law Journal

In this article, the authors look at two recent circuit court decisions that held that such requirements under the New York Convention and under the FAA are procedural and, therefore, do not oust a court of subject matter jurisdiction, even if the requirements are not strictly met.

By Lawrence W. Newman and David Zaslowsky

9 minute read

December 12, 2023 | New York Law Journal

International arbitrations often involve large amounts of money concerning, on occasion, indications of illegality, including criminal activity. What arbitrators can and should do when they have some awareness of such illegal activity has recently become the subject of commentaries and analyses.

By Lawrence W. Newman and David Zaslowsky

8 minute read

September 27, 2023 | New York Law Journal

This article examines the issue of serving by electronic means under the Hague Convention, including whether email service is permitted in countries that have specifically invoked their right under the convention to object to service by mail.

By Lawrence W. Newman and David Zaslowsky

10 minute read

August 24, 2023 | New York Law Journal

This article discusses the Smagin v. Yegiazaryan case and addresses how circumstances under which compensable domestic RICO injuries may arise can provide guidance to would-be foreign-based putative plaintiffs in determining whether the circumstances in their cases give rise to domestic RICO injuries.

By Lawrence W. Newman and David Zaslowsky

8 minute read

May 24, 2023 | New York Law Journal

In most instances, functus officio prevents further action by the tribunal, meaning that the parties—to their dismay, or delight, depending on their position in the case—are stuck with the award, even when the arbitrators have acknowledged the award contained an error and would like to correct it. A recent Second Circuit decision, however, shows that this doctrine is not necessarily as limited as many may believe.

By Lawrence W. Newman and David Zaslowsky

9 minute read

January 25, 2023 | New York Law Journal

In their International Litigation column, Lawrence W. Newman and David Zaslowsky discuss a recent decision that the Second Circuit stated was a question of first impression for it, in which the court held that there is no requirement to serve a summons in a proceeding brought to confirm an arbitration award, even when the defendant is a foreign sovereign.

By Lawrence W. Newman and David Zaslowsky

11 minute read

December 01, 2022 | New York Law Journal

In their International Litigation column, Lawrence W. Newman and David Zaslowsky discuss a recent decision of the U.S. Court of Appeals for the Second Circuit that opens the door for district courts to consider, in addition to the requirements of New York's attachment statute, "extraordinary circumstances," such as the potential impact of the proposed attachment on third parties as well as public policy concerns.

By Lawrence W. Newman and David Zaslowsky

10 minute read

September 21, 2022 | New York Law Journal

In their International Litigation column, Lawrence W. Newman and David Zaslowsky analyze a recent decision from the U.S. Court of Appeals for the Ninth Circuit that, to the extent accepted by courts in other judicial circuits, may provide a solution to what can be a vexing problem for international arbitration proceedings in this country: How may unwilling witnesses from outside a judicial district be compelled to testify or provide documents?

By Lawrence W. Newman and David Zaslowsky

10 minute read