March 30, 2009 | New York Law Journal
International LitigationLawrence W. Newman and David Zaslowsky, partners at Baker & McKenzie, discuss a number of recent federal court decisions that relate to challenging arbitral awards on grounds of manifest disregard of the law, obtaining evidence from non-parties for use in arbitration and whether discovery is available in the United States in aid of an international arbitration being conducted abroad.
By Lawrence W. Newman and David Zaslowsky
12 minute read
November 26, 2007 | New York Law Journal
International LitigationLawrence W. Newman and David Zaslowsky, partners at Baker & McKenzie, write that "corruption" can be found in many different forms and the lines are not always easy to draw. The important lesson is no different from the one an international counselor should apply in all her work: make oneself aware of such subversive issues and either avoid the countries where dangers lurk or, if the temptations are too great, try to have legally viable plans for dealing with the perils of corruption.
By Lawrence W. Newman and David Zaslowsky
11 minute read
January 30, 2008 | New York Law Journal
International LitigationLawrence W. Newman and David Zaslowsky, partners at Baker & McKenzie, write that discovery in international arbitration is an important bone of contention, often because the arbitrator may not share the assumptions of the parties with respect to the extent or even the presence of prehearing disclosure. Recently, a working group has been preparing a protocol to give all parties a clearer understanding of the scope that will be accorded before going into the arbitration proceeding.
By Lawrence W. Newman and David Zaslowsky
12 minute read
May 27, 2010 | New York Law Journal
Tribunal Efficiency in International ArbitrationIn their International Litigation column, Lawrence W. Newman and David Zaslowsky, partners at Baker & McKenzie, suggest how arbitrators can best run proceedings that are both fair and efficient and how many efficiencies can be achieved by the arbitrators' mandatory empowering of the parties in various ways.
By Lawrence W. Newman and David Zaslowsky
10 minute read
March 26, 2007 | New York Law Journal
International LitigationLawrence W. Newman and David Zaslowsky, partners at Baker & McKenzie, write that there are different ways of challenging witnesses in oral hearings, depending on the culture and tradition both of the examining lawyers and of the arbitrators before whom the cross-examination is conducted. A recent conference held in Paris on cross-examination in international arbitration revealed these different approaches.
By Lawrence W. Newman and David Zaslowsky
10 minute read
January 29, 2010 | New York Law Journal
International LitigationLawrence W. Newman and David Zaslowsky, members at Baker & McKenzie, write that in international arbitration, where the stakes are often high, legal fees and related costs are significant enough for thoughtful or detailed considerations to be given to them, both by counsel and arbitrators.
By Lawrence W. Newman and David Zaslowsky
11 minute read
September 29, 2006 | New York Law Journal
International LitigationLawrence W. Newman and David Zaslowsky, partners at Baker & McKenzie, write that an attraction of international arbitration is that proceedings can be held anywhere in the world and that participants -- advocates and arbitrators -- can be from anywhere in the world. However, recent developments have cast some doubt on whether the freedom to participate in international arbitration is in fact unfettered.
By Lawrence W. Newman and David Zaslowsky
11 minute read
September 26, 2005 | New York Law Journal
International LitigationLawrence W. Newman and David Zaslowsky, partners at Baker & McKenzie, analyze the recent decision by the U.S. Court of Appeals for the D.C. Circuit that allows an arbitral award against a foreign state agency to be confirmed without regard to the agency's "minimum contacts" with the United States and even if it has no assets here.
By Lawrence W. Newman and David Zaslowsky
10 minute read
March 28, 2005 | New York Law Journal
International LitigationLawrence W. Newman and David Zaslowsky, partners with Baker & McKenzie, write that defendants to maritime claims anywhere in the world and who transact business that involves making or receiving payments in U.S. dollars must be mindful that, along with the benefit of using the world's most popular business currency is the risk of an attachment order from a court in New York.
By Lawrence W. Newman and David Zaslowsky
11 minute read
November 28, 2005 | New York Law Journal
International LitigationLawrence W. Newman and David Zaslowsky, partners at Baker & McKenzie, write that international arbitration remains a relatively small practice area, and those who regularly practice in it must not assume that the "conventional wisdom" of the international arbitration bar matches with the general understanding of judges and other lawyers.
By Lawrence W. Newman and David Zaslowsky
10 minute read