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
Cristián Francos was quoted in an article discussing the frameworks used in many Western countries to provide compensation to overseas victims of economic crime.
IBA Global Insight, July 23, 2024South Africa's case against Israel before the International Court of Justice must identify legal elements of genocide sufficient to prevail, but reporting on the proceeding largely fails to clearly articulate what a case for genocide alleged in the context of war requires.
Solomon Shinerock and Alex Bedrosyan discuss the key legal rules and principles by which the parties to the conflict ultimately will be judged by the international community.
Law360, April 12, 2024On Tuesday, La Dolce Vita laid out a detailed argument supporting its request to seize the paintings, saying New York-based Christie's records confirm that Zhang was the successful bidder for the artworks and that Christie's considered Zhang the "true client," and not Apex.
While La Dolce Vita noted that Christie's wrote a "to whom it may concern" letter in January 2015 to "confirm" that Zhang's shell company had "paid in full for their purchases and is the owner" of the artworks, it also said that Apex failed to take possession of the paintings because "Christie's was not fooled" and refused to deliver them.
Law360, March 14, 2024Chambers has again lauded Tim Taylor KC for his expertise in Dispute Resolution in the United Arab Emirates. The 2024 Global Guide notes Tim's "many years' experience of litigation work in the DIFC Courts, taking on the full gamut of international disputes, and serving clients from such sectors as financial services, hospitality, and food and beverages."
February 2024On July 21, 2023, an Annulment Committee at the International Centre for the Settlement of Investment Disputes (ICSID), revived the claims of Mr. Edmond Khudyan against the Republic of Armenia. The Committee also ordered Armenia to pay Mr. Khudyan’s legal fees and costs. Only 5% of ICSID awards have been annulled in part or in full.
August 1, 2023An arm of the private equity firm CVC Capital Partners is trying to seize two paintings, including one by Andy Warhol, to satisfy $142 million in arbitral awards that it claims the Chinese restaurateur Zhang Lan has sought to avoid by concealing her assets.
Law360, July 24, 2023- June 27, 2023
LBKM’s Middle East team is featured in The Legal 500 Private Practice Powerlist 2023 for Arbitration (Middle East). The publication is designed to highlight the region's leading arbitration counsel to Legal 500's broad international readership of private practice lawyers, in-house counsel, and expert witnesses.
April 27, 2023Tim Taylor KC, named to Legal 500's Private Practice Powerlist for Arbitration in the Middle East, sat down to chat about the most impressive arbitration he's worked on as counsel, how disputes differ between London and the Middle East, and more.
Legal 500, March 2023Tim Taylor KC, former head of international arbitration in Dubai at King & Wood Mallesons, has joined the partnership at US disputes boutique Lewis Baach Kaufmann Middlemiss – but will continue to be based in the Middle East.
Global Arbitration Review, March 8, 2023- The high profile King's Counsel has plied his trade in both the UK and the Middle East.
Disputes veteran Tim Taylor joins litigation boutique Lewis Baach Kaufmann Middlemiss (LBKM) and will reside in Doha and Dubai, further expanding the firm’s footprint in the Middle East.
Law.com International, February 23, 2023 Tim Taylor KC comes on as a partner and will be based in Doha, Qatar, and Dubai, Lewis Baach said Wednesday. He has known his new firm's chair and co-founder, Eric Lewis, for several decades.
Law360, February 17, 2023- Tim Taylor KC joins LBKM as partner in the Middle East, further expanding the firm’s robust offerings in the region
Lewis Baach Kaufmann Middlemiss has added international arbitration and dispute resolution leader, Tim Taylor KC, as a partner. Mr. Taylor will reside in Doha and Dubai, further expanding the firm’s growing footprint in the Middle East.
February 2023 Aisha Bembry, managing partner of LBKM's Washington office, was featured in Law.com's "How I Made It" series.
Law.com, November 8, 2022The 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, 2022Lewis 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, 2021For "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 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
LBKM is proud to sponsor this year's CenterForce Driving Diversity in Law & Leadership Summit in Washington, DC, where Managing Partner Aisha Bembry will be a panelist at a session titled "Shattering Glass Ceilings: The Unwritten Playbook for Career Success Beyond Hard Work."
Washington, DC, June 12, 2024- IBA Arbitration and Criminal Law Conference
Cristian Francos will moderate a panel at the inaugural IBA Arbitration and Criminal Law Conference.
São Paulo, Brazil, January 31, 2024 Tim Taylor K.C. is the first overseas lawyer to be featured in the Beverly Hills Bar Association's War Stories series. He will explain how the principles used in commercial mediation can also be used in the peace process, based on his experience with drafting a framework peace agreement for Darfur and working on the Peace Project in Yemen.
Zoom, November 15, 2023- IBA Annual Conference 2023
Cristián Francos moderated a panel exploring the growing trend to arbitrate disputes emerging from compliance investigations related to potential criminal conduct and will discuss the varying ways national courts review and accept any arbitral decisions in this area.
Paris, November 1, 2023 - London International Disputes Week
Partner Tara Plochocki will be speaking on "The evolving impact of sanctions on commercial contracts" as part of London International Disputes Week.
Withers LLP, 20 Old Bailey, London, May 18, 2023 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, 2021The 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, 2020Arthur Middlemiss was a panelist at a CLE event titled "Doing Business in Mexico: Legal Developments in Arbitration and Financial Crime (Anti-Money Laundering and Anti-Corruption)," jointly presented by Lewis Baach Kaufmann Middlemiss PLLC and Von Wobeser y Sierra, S.C.
The Cornell Club, New York, NY, June 18, 2019- 15th International Arbitration Conference
Adam Kaufmann delivered the keynote speech at the 15th International Arbitration Conference in Rio de Janeiro.
Rio de Janeiro, May 7, 2019 - Brazilian Center of Mediation and Arbitration (CBMA), Third International Conference
Adam Kaufmann delivered the keynote presentation at the Brazilian Center of Mediation and Arbitration (CBMA)'s Third International Conference.
August 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