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.
There is a contract between two U.S. corporations to salvage a rig located in the Gulf of Mexico. The contract includes an arbitration clause. Why would a U.S. district court hold that the clause is not enforceable?
There is a contract between an Israeli company and a Canadian company concerning the sale of the Jerusalem Post, an Israeli newspaper. The contract includes an arbitration clause. Why would a state court judge in New York hold that an arbitration concerning a dispute arising out of this contract was not an international arbitration? This article will answer both questions.