Arbitration Experience

Full-time independent ADR neutral since 2001. Served as Chairman, Sole Arbitrator and Co-Arbitrator in 85+ international and domestic commercial 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: mergers & acquisitions (breach of representations & warranties, valuations), business associations (corporations, partnerships, limited liability companies, joint ventures), corporate governance, financial services (commercial and investment banking, private equity), telecommunications, biotechnology, communication & information technology, energy (oil, gas, electric), executive employment, accounting, tax, intellectual property, franchise, licensing, pharmaceuticals, sale of goods, real property, appraisal rights,  maritime, insurance.  Representative arbitrations include:

Business Associations
Claim by limited partner of a Delaware LLP alleging self-dealing and breach of fiduciary duty by General Partner of a private equity fund, and seeking direction on future governance of the fund; claim involving alleged breach of fiduciary duty by managers under Operating Agreements of Delaware and New York LLCs; claim of fraud and self-dealing by a controlling Managing Director of a Delaware LLC relating to alleged squeeze-out of minority members;  dispute over the right of a Manager of a Delaware LLC to initiate capital calls from members, including a claim for self-dealing; dispute between the founder and private equity investors over control and management of a Delaware company; allegation of willful misconduct and bad faith against a General Partner of a Delaware Limited Partnership; dispute among managers and members of California and Delaware limited liability companies for breach of fiduciary duty and fraud; dispute between shareholders and directors of a BVI company involving access to corporate books and records.

Dispute between a U.K. and U.S. company concerning obligations under a tax-sharing agreement and alleged legal malpractice; earnout contingency claim by a U.S. seller against a Chinese purchaser; 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; dispute over the exercise of Put rights in a Delaware limited liability 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; claim under a Representations & Warranties insurance policy.

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; dispute between a sponsor and investment advisor in connection with the structure and execution of an infrastructure project; arbitration involving a claim by a public corporation against its auditors for failing to detect fraud by the company’s management.

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.

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.

Alleged breach of contract by biopharmaceutical company to provide manufacturing and bioprocessing services; breach of a software development agreement; claim by immune-oncology company against a laboratory for its failure to deliver contracted batches of material needed for a human clinical trial; 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; dispute 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; dispute involving 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.

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.

Arbitration between a U.S. aircraft manufacturer and a French entity involving alleged breach of an aircraft purchase agreement; dispute relating to the sale of amphibious vehicle components; dispute between a U.S. and a Chinese company concerning the supply of an alleged defective product; insurance coverage dispute under an Employment Practices Liability Policy; dispute relating to the scope of an exclusive trademark license agreement.