Lawrence W Newman

March 22, 2017 | New York Law Journal

In their International Litigation column, Lawrence W. Newman and David Zaslowsky discuss the deliberate impoverishment of an arbitration debtor through fraudulent transfers of assets to persons not parties to the arbitration, and claimants' attempts to have their awards enforced against parties that were not parties to the original commercial transaction.

By Lawrence W. Newman and David Zaslowsky

21 minute read

January 25, 2017 | New York Law Journal

In their International Litigation column, Lawrence W. Newman and David Zaslowsky write that Section 7502(c) of the CPLR authorizes provisional remedies in aid of arbitration. It can be used in aid of arbitrations that take place both in and outside of New York, thus making the statute broader than its sister statute governing attachments in aid of litigation. Perhaps the most interesting question about the statute is how come it is not used more?

By Lawrence W. Newman and David Zaslowsky

17 minute read

November 23, 2016 | New York Law Journal

International Litigation columnists Lawrence W. Newman and David Zaslowsky look at three recent decisions concerning the enforcement of foreign arbitral awards. Two of the decisions reached opposite results on the issue of enforcing awards that were annulled at the place of arbitration.

By Lawrence W. Newman and David Zaslowsky

18 minute read

October 05, 2016 | New York Law Journal

In their International Litigation column, Lawrence W. Newman and David Zaslowsky address foreign sovereign immunity and the commercial activity exceptions, pointing out how the courts have established a higher hurdle for a plaintiff under the Foreign Sovereign Immunities Act than under the due process "minimum contacts" standard.

By Lawrence W. Newman and David Zaslowsky

17 minute read

July 27, 2016 | New York Law Journal

In their International Litigation column, Lawrence W. Newman and David Zaslowsky discuss 'RJR Nabisco v. European Community,' in which the U.S. Supreme Court said the question of whether RICO has extraterritorial reach depends on the specific allegations of misconduct and injury, and 'Bank Markazi v. Peterson,' where the court considered the separation of powers doctrine as applied to a statute governing the execution against Iranian assets by holders of terrorism judgments.

By Lawrence W. Newman and David Zaslowsky

21 minute read

March 24, 2016 | New York Law Journal

In their International Litigation column, Lawrence W. Newman and David Zaslowsky discuss a New York court's recent grant of an anti-suit injunction to halt further prosecution of an Australian case where the Australian courts had declined to enforce a choice of New York forum clause because it violated Australian public policy.

By Lawrence W. Newman and David Zaslowsky

21 minute read

January 28, 2016 | New York Law Journal

In their International Litigation column, Lawrence W. Newman and David Zaslowsky write that the cost of conducting international arbitrations can be considerable, but there is evidence that some arbitrators appear not to delve into the reasonableness of parties' costs and to accept the costs claimed by the prevailing party. The International Chamber of Commerce is now trying to shine light on this subject.

By Lawrence W. Newman and David Zaslowsky

10 minute read

November 23, 2015 | New York Law Journal

In their International Litigation column, Lawrence W. Newman and David Zaslowsky discuss the issues that must be considered when determining whether a defendant located outside the United States may be served by email, such as the applicability and wording of Article 10 of the Hague Convention and the specific facts of the case.

By Lawrence W. Newman and David Zaslowsky

11 minute read

November 20, 2015 | New York Law Journal

In their International Litigation column, Lawrence W. Newman and David Zaslowsky discuss the issues that must be considered when determining whether a defendant located outside the United States may be served by email, such as the applicability and wording of Article 10 of the Hague Convention and the specific facts of the case.

By Lawrence W. Newman and David Zaslowsky

11 minute read

September 25, 2015 | New York Law Journal

In their International Dispute Resolution column, Lawrence W. Newman and David Zaslowsky write: When practitioners and scholars speak, in articles and seminars, about corruption in international arbitration, they are most often referring to bribery on the part of the parties in obtaining government contracts. Only rarely does the subject of wrongful conduct by arbitrators come up. But recently, a well-known international arbitrator appointed to a panel in a dispute between Croatia and Slovenia was revealed to be discussing the case with the agent of Slovenia.

By Lawrence W. Newman and David Zaslowsky

11 minute read