Lawrence W. Newman

September 27, 2007 | New York Law Journal

Lawrence W. Newman and David Zaslowsky, partners at Baker & McKenzie, write that a recent Second Circuit decision sheds some light on the extent to which information bearing on possible arbitrator bias must not only be disclosed but also ferreted out by the arbitrator possessed of information suggesting possible conflicts of interest with either of the parties.

By Lawrence W. Newman and David Zaslowsky

11 minute read

January 30, 2006 | New York Law Journal

Lawrence W. Newman and David Zaslowsky, partners at Baker & McKenzie, write that it seems an opportune time to share with readers some observations concerning changes they perceive have taken place in international arbitration. They also hazard guesses as to future trends in international arbitration.

By Lawrence W. Newman and David Zaslowsky

11 minute read

February 08, 2005 | New York Law Journal

Lawrence W. Newman and David Zaslowsky, partners with Baker & McKenzie, write that American courts sometimes find themselves in the uncomfortable position of having to pass judgment on the adequacy or fairness of courts of other countries.

By Lawrence W. Newman and David Zaslowsky

10 minute read

July 31, 2006 | New York Law Journal

Lawrence W. Newman and David Zaslowsky, partners at Baker & McKenzie, look at the application by U.S. courts of the "manifest disregard of the law" standard for vacating arbitral awards in light of recent decisions in which two circuit courts seem to have gone in opposite directions.

By Lawrence W. Newman and David Zaslowsky

10 minute read

March 31, 2006 | New York Law Journal

Lawrence W. Newman and David Zaslowsky, partners at Baker & McKenzie, look at a provision of an EU Council Regulation that essentially grants to a court first seized of a matter the right to decide the case to the exclusion of courts in other member countries.

By Lawrence W. Newman and David Zaslowsky

10 minute read

March 31, 2008 | New York Law Journal

Lawrence W. Newman and David Zaslowsky, partners at Baker & McKenzie, write that, based on a recent federal appellate ruling, a challenge to an award based on arbitrators' misfeasance is going to be able to be pursued only in the country where the award was made. This is yet another reason why, at the time that an arbitration clause is being included in a contract, it is imperative that close attention be given to the country that will be the situs of the arbitration.

By Lawrence W. Newman and David Zaslowsky

11 minute read

September 29, 2009 | New York Law Journal

Lawrence W. Newman and David Zaslowsky, partners at Baker & McKenzie, say that with international arbitration frequently involving more complex, "big ticket," matters, parties and arbitrators alike need to be especially mindful of the potential that exists for disasters or bonanzas, depending on one's point of view. But, they partners point out, in their efforts to establish or defeat liability, the parties may give a lower priority to issues of damages.

By Lawrence W. Newman and David Zaslowsky

10 minute read

July 29, 2009 | New York Law Journal

Lawrence W. Newman and David Zaslowsky, partners at Baker & McKenzie, write: It is probably fair to say that the generally accepted view of the duties of a party-appointed arbitrator should be properly understood as making sure that the other members of the tribunal have a full understanding of the position of the party appointing her. But what does this mean? Does it indicate that the party-appointed arbitrator proceeds in a biased way, but artfully enough so as not to push the other party-appointed arbitrator into a more partisan position? There are cynics who might (privately) say so, but it can also be fairly argued that the generally understood role of the party-appointed arbitrator is consistent with both the source of his appointment and his expected independence in carrying out his duties.

By Lawrence W. Newman And David Zaslowsky

11 minute read

May 31, 2005 | New York Law Journal

Lawrence W. Newman and David Zaslowsky, partners at Baker & McKenzie, write that representatives of North American and European companies have encountered criminal charges, arrest and even incarceration in foreign countries at the instigation of nationals of those countries with whom the companies have commercial disputes.

By Lawrence W. Newman and David Zaslowsky

11 minute read

July 22, 2010 | New York Law Journal

In their International Litigation column, Lawrence W. Newman and David Zaslowsky, members of Baker & McKenzie, examine recent developments that show that the conflict between broad U.S.-based discovery rules and EU member states' privacy and data protection directives is not close to being resolved.

By Lawrence W. Newman and David Zaslowsky

11 minute read