David Zaslowsky

March 20, 2019 | New York Law Journal

The competence-competence principle—that is, whether arbitrators are competent to decide if a dispute is arbitrable—is an important gateway issue in arbitration. This article looks at how that issue has developed under US law and compares it to how it is handled in foreign courts.

By Lawrence W. Newman and David Zaslowsky

10 minute read

January 23, 2019 | New York Law Journal

In their International Litigation column, Lawrence W. Newman and David Zaslowsky write: Although fraudulently obtained arbitral awards are no doubt unenforceable in virtually every country, proving the taint of fraud presents legal and evidentiary challenges. A recent series of cases involving an award against the Republic of Kazakhstan shows the difficulties that can confront award debtors seeking denial of enforcement of awards against them on grounds of violation of public policy based on fraud.

By Lawrence W. Newman and David Zaslowsky

9 minute read

November 28, 2018 | New York Law Journal

In their International Litigation column, Lawrence W. Newman and David Zaslowsky discuss a recent decision which invalidated service of process made in accordance with a provision allowing service of process by overnight courier and provide drafting tips to avoid such problems in the future.

By Lawrence W. Newman and David Zaslowsky

9 minute read

September 26, 2018 | New York Law Journal

International Litigation columnists Lawrence W. Newman and David Zaslowsky focus on how states that have manifested their interest in international arbitration through enactment of the Model Law on International Commercial Arbitration. They discuss, in particular, two recent appellate decisions concerning the extent to which relief may be afforded in two states—Louisiana and Georgia—that have enacted the Model Law.

By Lawrence W. Newman and David Zaslowsky

9 minute read

July 25, 2018 | New York Law Journal

In their International Litigation column, Lawrence W. Newman and David Zaslowsky analyze three recent decisions by the U.S. Supreme Court in the area of international litigation.

By Lawrence W. Newman and David Zaslowsky

1 minute read

May 31, 2018 | Legaltech News

Smart contracts may be new, but they hold promise in executing and performing legal agreements.

By David Zaslowsky, Ben Allgrove and Yoon Chae, Baker McKenzie

1 minute read

May 23, 2018 | New York Law Journal

In their column on international litigation, Lawrence W. Newman and David Zaslowsky discuss the Rules on the Taking of Evidence in International Arbitration, also known as the Prague Rules.

By Lawrence W. Newman and David Zaslowsky

10 minute read

March 21, 2018 | New York Law Journal

International Litigation columnists Lawrence W. Newman and David Zaslowsky write: The net effect of the 'AlbaniaBEG Ambient' decision will likely be to limit the future impact of 'Abu Dhabi'. In doing so, it brings the First Department in line with the law in the Second Circuit and most of the rest of the country.

By Lawrence W. Newman and David Zaslowsky

9 minute read

February 15, 2018 | New York Law Journal

A 2016 ruling by the U.S. Supreme Court closed the door on civil Rico claims by foreign plaintiffs suffering injuries abroad. International Litigation columnists Lawrence W. Newman and David Zaslowsky examine cases in which the lower courts have scrambled to sort out what may be left of foreign-based civil RICO claims.

By Lawrence W. Newman and David Zaslowsky

11 minute read

September 28, 2017 | New York Law Journal

International Litigation columnists Lawrence W. Newman and David Zaslowsky write: A hallmark of arbitration awards issued by the International Center for the Settlement of Investment Disputes is that they cannot be reviewed by national courts of any member country. Yet, unless they are paid voluntarily, such awards still must be brought to a national court for recognition and enforcement. On July 11, 2017, the Second Circuit became the first circuit court to address enforcing such awards in the United States in a decision that rejected the summary procedures that had been followed by numerous courts in the Southern District of New York.

By Lawrence W. Newman and David Zaslowsky

9 minute read