Lawrence W Newman

June 16, 2022 | New York Law Journal

In their International Litigation column, Lawrence W. Newman and David Zaslowsky discuss the long-awaited decision by the U.S. Supreme Court that resolved a Circuit split and held that §1782 discovery is (largely) unavailable in aid of international arbitration.

By Lawrence W. Newman and David Zaslowsky

11 minute read

May 25, 2022 | New York Law Journal

In their International Litigation column, Lawrence W. Newman and David Zaslowsky discuss a recent Supreme Court decision that resolved a split among the Circuits and held that, in a case under the Foreign Sovereign Immunities Act raising non-federal claims against a foreign state or instrumentality, a court should determine the substantive law by using the same choice-of-law rule that would have been applicable in a similar suit against a private party.

By Lawrence W. Newman and David Zaslowsky

10 minute read

March 23, 2022 | New York Law Journal

In their International Litigation column, Lawrence W. Newman and David Zaslowsky look at the interesting issue of whether a court faced with a motion requesting dismissal on grounds of lack of personal jurisdiction and forum non conveniens must first decide that it has personal jurisdiction before it is competent to consider the forum non conveniens issue.

By Lawrence W. Newman and David Zaslowsky

9 minute read

January 26, 2022 | New York Law Journal

In their International Litigation column, Lawrence W. Newman and David Zaslowsky discuss the various way that parties to international arbitrations may be restricted by law and institutional rules, as well as their own agreements, in the use they may of make of awards and other information emanating from their proceedings. They suggest that careful consideration be given before accepting general rules that may limit later use or access to such material.

By Lawrence W. Newman and David Zaslowsky

11 minute read

September 22, 2021 | New York Law Journal

In their International Litigation column, Lawrence W. Newman and David Zaslowsky present a comparative approach on the issue of whether courts enforce the very common contractual provision that purports to waive challenges to arbitration awards.

By Lawrence W. Newman and David Zaslowsky

9 minute read

July 22, 2021 | New York Law Journal

In this edition of their International Litigation column, Lawrence W. Newman and David Zaslowsky examine the common practice in international arbitration of presenting direct witness testimony though witness statements provided in advance of the oral hearing. They consider the effect such written evidence may have, or not have, on arbitral tribunals when there is no live cross-examination of the witness at the hearing before the tribunal. Is there a way in such circumstances for the witness to testify in person after all?

By Lawrence W. Newman and David Zaslowsky

10 minute read

May 26, 2021 | New York Law Journal

In their International Litigation column, Lawrence W. Newman and David Zaslowsky discuss how, in cases brought to enforce arbitration awards, rules for serving process on parties located outside the United States are not always as rigid as required by the language of the Federal Rules.

By Lawrence W. Newman and David Zaslowsky

10 minute read

March 24, 2021 | New York Law Journal

In their International Litigation column, Lawrence Newman and David Zaslowsky discuss a recent study by a task force of the Commission on Arbitration and ADR of the International Chamber of Commerce, "The Accuracy of Fact Witness Testimony in International Arbitration," which focuses on one aspect of witness testimony—the accuracy of witness memory as to facts.

By Lawrence W. Newman and David Zaslowsky

8 minute read

January 27, 2021 | New York Law Journal

In their International Litigation column, Lawrence W. Newman and David Zaslowsky suggest that the international arbitration community might consider the concept of encouraging arbitrators, at least in some circumstances, to distribute draft awards before they are issued as final.

By Lawrence W. Newman and David Zaslowsky

10 minute read

November 19, 2020 | New York Law Journal

In their International Litigation column, Lawrence W. Newman and David Zaslowsky look at the question of how courts decide the issue of personal jurisdiction in the context of enforcing international arbitration awards.

By Lawrence W. Newman and David Zaslowsky

10 minute read