September 26, 2013 | New York Law Journal
Bribery in Investor-State Arbitration: All or Nothing for Investors?In their International Litigation column, Baker & McKenzie's Lawrence W. Newman and David Zaslowsky discuss the consequences and implications of an international contract's being declared unenforceable because it was obtained through bribery or similar corruption.
By Lawrence W. Newman and David Zaslowsky
10 minute read
March 28, 2013 | New York Law Journal
The Clash Between the New York Convention and the U.S. ConstitutionIn their International Litigation column, Lawrence W. Newman, of counsel at Baker & McKenzie, and David Zaslowsky, a partner at the firm, write a recent federal decision reaffirmed what other courts have held - that the Convention must yield to the Constitution and that a court may not entertain an action to confirm a foreign arbitral award if the court lacks personal jurisdiction over the judgment debtor. Under New York jurisprudence, however, there is a basis for contending that the constitutional roadblock may not be applicable.
By Lawrence W. Newman and David Zaslowsky
11 minute read
July 29, 2004 | New York Law Journal
International LitigationLawrence W. Newman and David Zaslowsky, partners at Baker & McKenzie, discuss the Supreme Court's decision related to 28 USC �1782, a powerful, yet very much underutilized, tool of international discovery.
By Lawrence W. Newman and David Zaslowsky
10 minute read
January 26, 2012 | New York Law Journal
Interpretation and Translation: Are They Different?In their International Litigation column, Baker & McKenzie partners Lawrence W. Newman and David Zaslowsky discuss the heavy costs of translating documents, and how the U.S. Supreme Court recently granted certiorari on the question of whether costs incurred in translating written documents are "compensation of interpreters" for purposes of taxation of costs under 28 USC �1920(6).
By Lawrence W. Newman and David Zaslowsky
8 minute read
July 25, 2013 | New York Law Journal
Serving Foreign Parties by Serving Their U.S. LawyersIn their International Litigation column, Baker & McKenzie's Lawrence W. Newman and David Zaslowsky write that what emerges from the cases involving foreign service of process is that courts do not seem to want such issues to be an obstacle to the pursuit of a case on the merits. Practitioners may be surprised to learn that the threshold for the use of Rule 4(f)(3), including as to how it relates to service on lawyers, is not so hard to cross as they may have believed.
By Lawrence W. Newman and David Zaslowsky
11 minute read
October 13, 2011 | New York Law Journal
Recent Developments Under Section 1782In their International Litigation column, Lawrence W. Newman and David Zaslowsky of Baker & McKenzie: There can be no debate that the Section 1782 case that has garnered more attention than any other is the Chevron case, an environmental contamination case in Ecuador that recently resulted in an $18 billion judgment, but even prior to entry of the judgment, Chevron had commenced a Section 1782 proceeding to support its claim that the lawsuit in Ecuador was a product of corruption and bribery.
By Lawrence W. Newman and David Zaslowsky
11 minute read
November 29, 2012 | New York Law Journal
The Fourth Arbitrator: Contrasting Guidelines on Use of Law SecretariesIn their International Litigation column, Lawrence W. Newman and David Zaslowsky of Baker & McKenzie write that although arbitration has long had a practice of arbitrators' doing their own work, this is not the universally followed practice. Recent guidelines issued by the International Chamber of Commerce and JAMS have dealt with the issues raised by the use of "law secretaries," and do so in markedly different ways.
By Lawrence W. Newman and David Zaslowsky
11 minute read
July 26, 2012 | New York Law Journal
Enforcing Arbitration Awards Under Investment Disputes ConventionIn their International Litigation column, Lawrence W. Newman, of counsel at Baker & McKenzie, and David Zaslowsky, a partner at the firm, look at the practicalities of enforcing an ICSID award in the United States and certain best practices recommended by a recent New York City Bar report.
By Lawrence W. Newman and David Zaslowsky
11 minute read
March 22, 2012 | New York Law Journal
Suing a Country Because Its Courts Are Too SlowIn their International Arbitration column, Lawrence W. Newman and David Zaslowsky, members of Baker & McKenzie, write: "Wouldn't it be wonderful if, in the event of unjustified delays in enforcing an arbitral award in the courts of a country, the holder of the award could bring an investment arbitration claim against that country's government? A recent arbitral decision has created that possibility, albeit with limitations."
By Lawrence W. Newman and David Zaslowsky
11 minute read
June 01, 2012 | New York Law Journal
In Wake of Dewey, Considering Alternative Business StructuresLawrence W. Newman and David Zaslowsky, members of Baker & McKenzie, ask: Could there have been a different outcome to the Dewey & LeBoeuf debacle if it had made what appears to have been ill-advised management decisions in the context of a different regulatory regime that permitted a different capital structure?
By Lawrence W. Newman and David Zaslowsky
12 minute read