David Zaslowsky is partner in the Litigation Department of Baker McKenzie's New York office. He helps companies solve complex commercial disputes in arbitration and litigation, especially those involving cross-border issues and Section 1782 discovery. David has a degree in computer science and, as a result, has worked on numerous technical-related disputes, including, most recently, those involving blockchain. He is the editor of the Firm's blockchain blog and co-editor of the firm's International Litigation & Arbitration Newsletter. David has been included for a number of years in the Chambers USA Guide and Chambers Global Guide for his expertise in international arbitration. He also sits as an arbitrator and is on the roster of arbitrators for a number of arbitral institutions. David sits on the Board and chairs the governance committee of the New York International Arbitration Center, and is a founding member of the International Arbitration Club of New York. As detailed below, for over 30 years, he has written and spoken often on the subjects of arbitration and international litigation.
David has participated in arbitrations, both inside and outside the US, under the rules of various arbitral institutions as well as ad hoc arbitrations. These include the American Arbitration Association, International Chamber of Commerce, International Centre for Dispute Resolution, Hong Kong International Arbitration Centre, Iran-United States Claims Tribunal, and NASD. He has litigated commercial disputes of all types in various federal and state courts — trial and appellate — throughout the country. David has worked on many cases involving issues of international litigation, including matters related to the Foreign Sovereign Immunities Act, enforcement of foreign arbitral awards, the Alien Tort Claims Act, forum non conveniens, obtaining discovery in aid of foreign proceedings under 28 U.S.C. Section 1782, foreign attachments, and enforcing foreign judgments.
Representative Legal Matters
- Represented consortium of oil companies in multiple ICC arbitrations concerning disputes under EPC contracts for the construction of oil platforms.
- Represented a captive insurance company under a first party property damage policy in a series of ad hoc arbitrations arising out of incidents at nuclear power plants.
- Defeated attempt to enforce ICC arbitration award in federal district court.
- Represented a chemical company in an ICC arbitration concerning termination of a long-term relationship for the development of certain state of the art technology.
- Represented two well-known investment banks against claims that the combination of those two companies constituted a breach of an existing joint venture agreement.
- Represented an Indian bank in a claim under a series of guarantees against entities of an Indian conglomerate, obtained a judgment for almost USD 600 million and then supervised enforcement efforts in the US, England, BVI, and Mauritius.
- Represented an Israeli technology company in defending a claim that it breached an agreement arising out of an alleged Memorandum of Understanding concerning the purchase of a company in China.
- Represented a German bank defending an ICDR arbitration claim by the former President of its U.S. Representative Office for breach of a bonus provision in his employment contract.
- Represented an internet company in an HKIAC arbitration in a claim against the sellers of a Chinese internet company.
- Represented the trust that owns Michaels Jackson’s interests in his and the Beatles music catalogs in a claim for a finder’s fee arising out of the refinancing of loans to Mr. Jackson.
Professional Associations and Memberships
- New York City Bar Association, Member, International Commercial Disputes Committee
- New York International Arbitration Center, Director and Chairman of Governance Committee
- American Bar Association, Member Litigation Section and International Section
- International Arbitration Club of New York, Founding Member
- New York City Bar Association, Member Task Force on Digital Technologies
- U.S. Court of Appeals, Eighth Circuit~United States (2011)
- U.S. Court of Appeals, Federal Circuit~United States (2000)
- U.S. Court of Appeals, Second Circuit~United States (1992)
- U.S. District Court, Southern District of New York~United States (1986)
- U.S. District Court, Eastern District of New York~United States (1986)
- U.S. District Court, District of New Jersey~United States (1986)
- New Jersey~United States (1985)
- New York~United States (1985)
- Yale Law School (J.D.) (1984)
- Brooklyn College (B.S. Computer Science,, summa cum laude) (1981)
Editor, Blockchain Blog, Baker McKenzie (2018-present)
Co-Editor, Baker McKenzie International Litigation & Arbitration Newsletter (2003-present)
Author, "Eleventh Circuit Ruling Widens Path to Arbitral Award Vacatur," Law360, 1 May 2023
Co-author of U.S. Chapter, International Arbitration Yearbook, 2023
Co-author, "No Summons Needed To Confirm International Arbitration Award," New York Law Journal, 25 January 2023