Full-time independent ADR neutral since 2001. Served as Chairman, Sole Arbitrator and Co-Arbitrator in 100+ international and domestic commercial cases of varying size and complexity (up to 10 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
Alleged breach of Delaware’s “entire fairness” standard in dilution of minority stockholder; Limited Partner alleging self-dealing and breach of fiduciary duty by General Partner of Delaware LLC, and seeking direction on future governance of a private equity fund; dispute concerning right of Delaware LLC Managers to order capital calls from members; alleged breach of fiduciary duty by Managers under Operating Agreements of Delaware and New York LLCs; dispute between the founder and private equity investors over control and management of a Delaware company; alleged fraud and self-dealing by controlling Managing Director of a Delaware LLC relating to squeeze-out of minority members; dispute among managers and members of California and Delaware LLCs for alleged breach of fiduciary duty and fraud; dispute between shareholders and directors of a BVI company involving access to corporate books and records.
M&A
Alleged breach of revenue & EBIDTA representations used to calculate purchase price; earn-out contingency claim; dispute concerning a tax-sharing agreement; breach of representations and warranties in sale of a telecommunications company; dispute arising from restructuring of a domestic oil & gas company; dispute between Canadian and U.S. concerns arising out of sale of an investment advisory business; dispute over the fair market value of a member’s interest in a Delaware limited liability company; dispute involving put rights in a Delaware company; claim under a Representations and Warranties insurance policy.
Finance
Multiple arbitrations involving fee claims by investment banks for M&A and financial services; project finance dispute between a Brazilian company and a U.S. financial institution; claim by public corporation against its auditors for failing to detect fraud by the company’s management; infrastructure project dispute between sponsor and investment advisor; dispute involving determination of “profit interest” in a private equity fund’s side-by-side co-investment carry.
Telecommunications
Claim relating to failure of cellular network base station antennas; multiple arbitrations concerning the termination of wireline and wireless reseller agreements and related equipment and service agreements in the U.S., Canada and Puerto Rico; dispute relating to alleged breach of wholesale telecommunication agreement; disputes surrounding the purchase and sale of telecommunications companies.
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; dispute involving acquisition of oil and gas interests; dispute involving the purchase of crude oil; dispute relating to sale of an electric power plant in Ecuador; arbitration involving the acquisition of oil and gas interests in Kazakhstan and Azerbaijan.
Technology/Biotechnology
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 alleged 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
Alleged breach by Directors of “contractual good faith” standard under Delaware law in dispute involving valuation of dismissed employee’s stock; executive’s claim for a performance bonus under a terminated employment agreement; dispute concerning a deferred compensation plan; determination of “profit interest” in a private equity fund’s side-by-side co-investment carry; dispute relating to employment termination of CEO of U.S. bank; dispute concerning a deferred compensation plan.
Franchise
Termination of a fast-food franchise in China; alleged wrongful termination of a long-term Master Franchise Agreement covering Europe.
Miscellaneous
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 allegedly defective product; insurance coverage dispute under an Employment Practices Liability Policy; dispute relating to the scope of an exclusive trademark license agreement.
