January 28, 2015 | New York Law Journal
Judgment Enforcement Against Foreign DebtorsIn their International Litigation column, Lawrence W. Newman and David Zaslowsky write that when a judgment debtor is foreign and has no ongoing business operations and no visible assets, the usual approach of enforcing a judgment against it by identifying assets and levying on them becomes more challenging. Two recent, related New York decisions illustrate the difficulties in pursuing certain foreign debtors.
By Lawrence W. Newman and David Zaslowsky
11 minute read
November 24, 2014 | New York Law Journal
Refusing to Enforce Foreign JudgmentsIn their International Litigation column, Lawrence W. Newman and David Zaslowsky write: Although the United States is not a party to any judgment enforcement treaty, courts in this country regularly enforce foreign judgments. Indeed, if jurisdiction in the foreign court is proper and service of process was accomplished appropriately, the expectation should be that the foreign judgment will be enforced. In the past few months, however, there have been two noteworthy cases in which enforcement of foreign judgments was refused.
By Lawrence W. Newman and David Zaslowsky
11 minute read
October 01, 2014 | New York Law Journal
Avoiding Time Bar for Enforcing International Arbitral AwardsIn their International Dispute Resolution column, Lawrence W. Newman and David Zaslowsky write: The statute of limitations for enforcing international arbitration awards in the United States is shorter than that for enforcing judgments. If the former period has run, can one turn an arbitration award into a judgment outside the United States and then use the longer period to enforce the award that has now metamorphosed into a foreign judgment?
By Lawrence W. Newman and David Zaslowsky
9 minute read
July 24, 2014 | New York Law Journal
Revisiting Hot Issues in International Dispute ResolutionIn their International Litigation column, Lawrence W. Newman and David Zaslowsky discuss issues of international dispute resolution in the context of recent decisions relating to the Alien Tort Statute, the Foreign Sovereign Immunities Act,enforcement of arbitral awards vacated abroad and manifest disregard of the law.
By Lawrence W. Newman and David Zaslowsky
11 minute read
May 22, 2014 | New York Law Journal
Awards of Interest in International ArbitrationIn their International Litigation column, Lawrence W. Newman and David Zaslowsky discuss how awards of interest, which can exceed the amount of compensation on the merits, have been made and how commentators have urged that they be made.
By Lawrence W. Newman and David Zaslowsky
10 minute read
March 20, 2014 | New York Law Journal
Home Sweet Home and General JurisdictionIn their International Litigation column, Lawrence W. Newman and David Zaslowsky of Baker & McKenzie discuss jurisdiction of foreign corporations, explaining how the Supreme Court, in 'Daimler v. Bauman', recently undertook separating the standards for specific and general jurisdiction, giving prominence to a separate standard for general jurisdiction—the "at home" test.
By Lawrence W. Newman and David Zaslowsky
11 minute read
January 31, 2014 | New York Law Journal
Muddy Waters in the Land of Section 1782In their International Litigation column, Baker & McKenzie's Lawrence W. Newman and David Zaslowsky use the occasion of the 10th anniversary of the Supreme Court's lone Section 1782 decision to discuss the significant uncertainty that remains concerning an issue spawned by that decision.
By Lawrence W. Newman and David Zaslowsky
11 minute read
November 20, 2013 | New York Law Journal
Enforcing Arbitral Awards That Have Previously Been AnnulledIn their International Litigation column, Lawrence W. Newman and David Zaslowsky of Baker & McKenzie write: If an arbitration award is annulled in the courts of the country where the arbitration took place, can it nevertheless be enforced by the courts of another country? A recent decision in the Southern District of New York addressed and answered that very question.
By Lawrence W. Newman and David Zaslowsky
11 minute read
August 11, 2010 | Inside Counsel
Litigation: Courts Award Sanctions for Unsuccessful Challenges to Arbitral AwardsParties looking to challenge arbitration decisions should ensure claims have strong legal basis.
By David Zaslowsky
4 minute read
July 21, 2010 | Inside Counsel
Litigation: Ways to Appeal Arbitral AwardsConsider these options if you prefer arbitration.
By David Zaslowsky
4 minute read
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