Lawrence W. Newman has been a partner in the New York office of Baker & McKenzie since 1971, when, together with the late Professor Henry deVries, he founded the litigation department in that office. He is the author/editor of 4 works on international litigation/arbitration.
Michael Burrows, Formerly, Of Counsel, Baker & McKenzie, New York.
Sweeping changes to England’s rules of civil procedure, in the form of the Civil Procedure Rules 1998 (CPR), came into effect on April 26. The changes reflect a strong interest in increased efficiency and fairness, and represent a small step away from a strict adversarial system to one dedicated to processing disputes quickly and at lower cost. Many of the changes will have a noticeable effect on English litigation in the future, including, of course, international litigation involving American or other foreign parties. Some of the changes will likely make England a more desirable forum for international litigants having a choice; other changes should be taken into account as possible factors arguing against litigation in England. Ultimately, the CPR will likely favor international plaintiffs with strong cases, enabling them to obtain judgments more swiftly and efficiently than they were before. For other potential parties, the new Rules might prove to be more problematic.