International Arbitration

LBKM associate Alex Bedrosyan has been selected to Lexology Index: Arbitration 2025 in the “Future Leaders – Non-Partners” category.

On 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.

On 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.

An 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.

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.

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.

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.

Cristian Francos will moderate a panel at the inaugural IBA Arbitration and Criminal Law Conference. 

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.

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.

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.

Arthur 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.

Adam Kaufmann delivered the keynote speech at the 15th International Arbitration Conference in Rio de Janeiro.

Adam Kaufmann delivered the keynote presentation at the Brazilian Center of Mediation and Arbitration (CBMA)'s Third International Conference.