Arbitration Experience

Full-time independent ADR neutral since 2001. Served as Chairman, Sole Arbitrator and Co-Arbitrator in over 60 international and domestic cases of varying size and complexity (up to 9 figures), covering a broad legal spectrum under AAA, ICDR, ICC, CPR, UNCITRAL Rules and ad hoc arbitrations, including: telecommunications, energy, mergers & acquisitions, business associations (corporations, partnerships, limited liability companies, joint ventures), corporate governance, finance (commercial/investment banking), accounting, intellectual property, franchise, licensing, pharmaceuticals/biotechnology, employment, technology, sale of goods, insurance, real property.  Representative arbitrations include:

Energy
Determination of the fair market value of a hydroelectric power plant pursuant to the exercise of acquisition rights under an option agreement; arbitration between a U.S. public utility and a qualifying electric  generation power plant involving the calculation of avoided costs in a thirty-year power purchase agreement; arbitration of a dispute involving alleged failure to fund the development and exploration of certain U.S. oil and gas wells; international arbitration between a European integrated oil and gas company and an Asian trading company relating to the purchase of crude oil; international arbitration relating to a failed sale of an electric power plant in Ecuador; international arbitration involving the acquisition of oil and gas interests in Kazakhstan and Azerbaijan.

Telecommunications
Arbitration relating to the development and distribution of cellular network base station antennas; various arbitrations in the United States, Canada and Puerto Rico concerning the termination of wireline and wireless reseller agreements and related license, equipment and service agreements; international arbitration relating to an alleged breach of wholesale agreement to subscribe to telecommunication and associated licensed services; arbitration involving disputes surrounding the purchase and sale of telecommunications companies.

M&A
Dispute between a U.K. and U.S. company concerning obligations under a tax-sharing agreement and alleged legal malpractice; seller’s alleged breach of representations and warranties in the sale of a telecommunications company; dispute resulting from the restructuring (asset sale and private placement) of a domestic oil & gas operating company; arbitration concerning claims relating to the sale of a cellular company; international arbitration between Canadian and U.S. concerns arising out of the sale of an investment advisory business; dispute over the fair market value of a member’s interest in a Delaware limited liability company.

Business Associations
Arbitration involving a dispute between the founder of a Delaware technology company and private equity investors over control of the company; arbitration involving individual and derivative claims between co-managers and members of California and Delaware limited liability companies for alleged breach of fiduciary duty and fraud; international arbitration among shareholders and directors of a British Virgin Islands company involving access to corporate books and records; dispute over the exercise of certain Put rights in a Delaware limited liability company; allegation of fraud and self-dealing against a controlling Managing Director of a Delaware LLC in his efforts to squeeze-out minority members.

Franchise
International arbitration concerning the termination of a fast-food franchise in China; international arbitration concerning the termination of a long-term Master Franchise Agreement covering franchising rights throughout Europe.

Finance
Investment bank’s claim for fees for M&A and financial services; project finance dispute between a Brazilian company and a U.S. financial institution; arbitration involving a claim by a public corporation against its auditors for failing to detect fraud by the company’s management.

Technology
Dispute involving an agreement by a biopharmaceutical company to provide manufacturing and bioprocessing services; arbitration involving alleged breach of a software development agreement; claim under a synthetic liquid hydrocarbon technology transfer agreement between a U.S. company and a Chinese company; dispute under a production agreement between an Indian pharmaceutical company and a United States biotechnology company; arbitration between an IT company and a bank relating to alleged failures of hardware and software monitoring equipment; arbitration relating to alleged breach of a satellite broadcast technology license agreement; allegation that a software developer failed to timely develop and deliver a complex cloud-based software program meeting required specifications.

Executive Employment
Dispute relating to termination of the CEO of a U.S. bank for alleged malfeasance; executive’s claim for a performance bonus under a terminated employment agreement; dispute concerning a deferred compensation plan; arbitration involving determination of “profit interest” in a private equity fund’s side-by-side co-investment carry.

Miscellaneous
Arbitration between a U.S. aircraft manufacturer and a French entity involving alleged breach of an aircraft purchase agreement; dispute between an Irish company and a Polish entity relating to the sale of amphibious vehicle components; international arbitration between a U.S. and a Chinese company concerning the supply of an alleged defective product; dispute relating to the scope of an exclusive trademark license agreement.