Alternative Dispute Resolution
While noted for our courtroom successes, we have been at the forefront of the field of alternative dispute resolution (ADR)—achieving positive results for our clients without the delay, expense, and uncertainty of going to court.
Lewis Baach Kaufmann Middlemiss attorneys offer industry-leading skills and proven success in negotiation, both private and court-sponsored mediation, and arbitration—before the American Arbitration Association, the International Chamber of Commerce, the London Court of International Arbitration, the New York Stock Exchange, the National Association of Securities Dealers, and many U.S. courts—to avoid courtroom delays and help you get on with business.
We will assess the costs and benefits of various dispute resolution alternatives and work with you to decide when they are appropriate and when it is best to litigate—always remaining focused on your ultimate business goals.
Because we are also dedicated foremost to our clients’ success, we will work to keep you out of disputes that require legal action. At Lewis Baach Kaufmann Middlemiss we conduct negotiation workshops for our clients—training them in the ADR techniques that we use—so that you can successfully resolve many matters before they develop into formal disputes.
In the News
- Supreme Court Narrows Reach of Section 1782 Discovery Tool: Private Arbitrations Are Not Foreign or International Tribunals for Purposes of the Statute
The United States Supreme Court concluded in ZF Automotive US, Inc. v. Luxshare, Ltd. that federal district courts cannot order discovery for use in a private foreign arbitration via 18 U.S.C. § 1782—a statute that permits litigants to seek discovery in federal court for “use in a proceeding in a foreign or international tribunal.” The unanimous decision narrows a useful discovery tool by prohibiting parties in or contemplating private, foreign arbitration from obtaining discovery through federal courts for use in that arbitration.June 14, 2022
Lewis Baach Kaufmann Middlemiss PLLC is pleased to announce that John Moscow has been named to the 2021 New York Super Lawyers list. Each year, no more than five percent of the lawyers in each state are selected to receive this honor. In addition, A. Mackenna White has been named to the 2021 New York Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected to receive this honor.September 30, 2021
For "any kind of foreign litigation or arbitration ... that involves transactions in U.S. dollars, there's at least a possibility that there's going to be information in the U.S. and that tends to be attractive," said Lewis Baach Kaufmann Middlemiss PLLC partner A. Katherine Toomey.Law360, March 25, 2021
- December 8, 2020
- Erika Levin named to list of arbitrators for the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada
Erika Levin has been appointed by the Center for Arbitration and Mediation of the Chamber of Commerce Brazil-Canada ("CAM-CCBC") to be included in its list of arbitrators. CAM-CCBC was the first arbitral institution in Brazil and is one of the largest and most significant arbitral centers in the region, focused on large and complex commercial disputes.September 30, 2020
- Law360, August 26, 2020
Six LBKM professionals have been selected to the 2019 New York and Washington, DC Super Lawyers lists - an honor limited to 5 percent of the lawyers in each state. In addition, one LBKM professional has been selected to the 2019 New York Rising Stars list.October 2019
Publications, Presentations & Events
The U.S. District Court in the District of Columbia recently denied a petition to recognize and enforce an international arbitration award against a government-owned airline on jurisdictional grounds. The decision in UAB Skyroad Leasing Inc. v. OJSC Tajik Air, 20-cv-0763 (D.D.C. Jan. 26, 2021) illustrates the hurdles to enforcing an arbitral award against a foreign state-owned enterprise, even when that enterprise is engaged in pure commercial activities and controlled by the state.January 29, 2021
- Second Circuit Shortens the Reach of § 1782, Denying Access to Domestic Discovery for Parties in Private Foreign Arbitrations
The Second Circuit held that 28 U.S.C. § 1782(a) cannot be used to support petitions for discovery for use in private foreign commercial arbitrations, settling an issue that has lingered unresolved in the circuit since 2004. The new decision, In re Guo, puts the Second Circuit squarely at odds with recent decisions issued by other circuit courts, raising the possibility that the Supreme Court will take up the issue next session to resolve the split. While Guo does not impact the ability of parties to foreign public arbitrations and litigations to take § 1782(a) discovery, for now at least, parties to private foreign arbitrations may have to look to more favorable circuits outside New York for relief.July 13, 2020
- Insights from International and Local Practitionersyoutube.com/ciarb-brazil, June 18, 2020
In these tough times, when clients are looking to protect assets and increase revenue, it is more important than ever to ensure that their arbitral awards are collectible. A truly successful outcome requires the ability to enforce and monetize the award that was won in the arbitration. When faced with a recalcitrant award debtor, it is imperative to think strategically and work closely with counsel and experts to enforce and identify recoverable assets.April 2, 2020
- Panelist, "Doing Business in Mexico: Legal Developments in Arbitration and Financial Crime (Anti-Money Laundering and Anti-Corruption)"The Cornell Club, New York, NY, June 18, 2019
- Keynote Speech: International Commercial Arbitration and Compliance15th International Arbitration ConferenceRio de Janeiro, May 7, 2019
- Keynote Presentation: International Commercial Arbitration and CorruptionBrazilian Center of Mediation and Arbitration (CBMA), Third International ConferenceAugust 10, 2018
Parties employ international arbitration for a number of reasons, including efficiency, neutrality, enhanced control over the process, the expertise of the arbitrators, and the enforceability of the award. However, these advantages may be severely compromised if an arbitration clause is poorly drafted and the parties subsequently become embroiled in a lengthy and costly legal battle over an issue that relates to the existence, validity, effect, construction, or discharge of the agreement to arbitrate. Importantly, “whether the arbitration agreement is valid or not, under the law applicable to it, will have a bearing on whether the dispute can be referred to arbitration, whether court proceedings can be halted, and whether the resulting award is enforceable.”NYSBA New York Dispute Resolution Lawyer, Spring 2015