Representative Arbitration Engagements (partial listing)

SERVICE AS PANEL CHAIR OR SOLE ARBITRATOR:

  • A domestic arbitration between a U.S. State government and a major oil company involving claims for royalty income damages arising out of production curtailments and pipeline replacements in a major U.S. oil field (Panel Chair).
  • A domestic IP arbitration involving alleged breaches of a patent licensing agreement for development of a vaccine (Panel Chair).
  • A domestic energy arbitration between parties to a long-term electric power tolling agreement involving claims for recovery of winter reliability penalties imposed by the New England ISO as ancillary charges and counterclaims alleging systematic miscalculation of availability charges (Panel Chair).
  • An international arbitration between U.S. and Taiwanese parties related to performance of patent licensing and product development agreements for technologies used in e-readers (Panel Chair).
  • A domestic energy arbitration between an RTO and a transmission customer that operates an electric power plant involving alleged breaches of a service agreement (Panel Chair).
  • An international arbitration of an antitrust dispute between a large U.S. national retailer and a Japanese manufacturer of flat screen technology products relating to damages allegedly caused by a horizontal price-fixing conspiracy (Sole Arbitrator).
  • A domestic energy arbitration involving a dispute over interpretation of the price term in a long-term gas purchase contract (Panel Chair).
  • An international arbitration involving a pharmaceutical licensing dispute between U.S. and Indian parties (Panel Chair).
  • An international arbitration between Belgian and Brazilian owners of a Texas oil and gas refinery relating to a corporate governance dispute and resulting valuation of the refinery (Panel Chair).
  • An international arbitration between a U.S. seller and a Japanese purchaser involving claims of alleged breaches of an asset purchase agreement for a nanocrystal technology business (Sole Arbitrator).
  • A wind energy dispute between the owner of a 5,000+ acre wind power generation project and a large public utility (Panel Chair).
  • An international arbitration involving a pharmaceutical licensing dispute between U.S. and Canadian parties (Panel Chair).
  • A domestic energy arbitration between parties disputing the interpretation of a long-term electric power purchase agreement (Panel Chair).
  • An international arbitration between U.S. and Chinese parties involving a licensing dispute related to a medical product (Panel Chair).
  • A domestic arbitration between co-owners of a marine fueling terminal and tank farm involving claims of breach of contract and breach of fiduciary duties against the LLC’s managing member (Panel Chair).
  • A domestic arbitration between a prominent professional athlete and a manufacturer of athletic clothing and footwear arising out of an international licensing and promotional agreement (Panel Chair).
  • An international arbitration between US and Canadian railroads to set fair-market rental car-hire rates for use of approximately 5,000 73-foot centerbeam flatcars (Sole Arbitrator).
  • An international energy arbitration between a Canadian governmental entity and a private hydroelectric power generator relating to alleged breaches of a long-term electric power supply contract (Sole Arbitrator).
  • An international arbitration of a dispute between Saudi Arabian and U.S. software joint venture partners (Panel Chair).
  • A patent licensing dispute related to distribution in Brazil of certain agricultural seed products containing patented insect-resistant transgenically modified traits (Panel Chair).
  • An international arbitration between a U.S. manufacturer of business jets and a European customer involving breach of warranty claims (Panel Chair).
  • An international arbitration of a franchising dispute between parties from India and the U.S. (Sole Arbitrator).
  • A domestic arbitration of a consumer protection, business tort and breach of contract dispute between property owners and a company engaged in removing underground storage tanks and remediating petroleum-contaminated soils (Sole Arbitrator).
  • An international arbitration between U.S., U.K. and Korean parties alleging breaches of long-term international supply contracts for zinc concentrates (Panel Chair).
  • An insurance coverage dispute addressing whether coverage existed under D&O policies for class action claims brought against a payment processing firm in the debt-settlement industry (Panel Chair).
  • An insurance coverage dispute addressing whether coverage existed under an employment practices policy for class action claims brought against a trucking and delivery firm (Panel Chair).
  • A domestic energy arbitration between parties to a long-term gas purchase contract involving disputed interpretations of contractual provisions related to deductions for demand charges (Sole Arbitrator).
  • A domestic energy arbitration between a coal-fired electric power generating plant and a utility over interpretation of the pricing provisions in a long-term (30 year) power purchase agreement (Panel Chair).
  • A domestic energy dispute between parties in the Eastern U.S. alleging breaches of a 30-year electric power purchase agreement at a 100+ megawatt biomass-powered facility (Sole Arbitrator).
  • A dispute relating to interpretation and operation of a long term electric power purchase option agreement (Panel Chair).
  • A construction arbitration related to alleged construction defects in the construction of a shopping center (Panel Chair).
  • A breach-of-warranty dispute between the owner of a natural gas pipeline and a manufacturer of gas turbine compressor packages (Panel Chair).
  • Service as an Emergency Arbitrator pursuant to Article 37 of the ICDR’s International Arbitration Rules in several cases.
  • A domestic arbitration of construction claims and breach-of-privacy counterclaims involving an entertainment industry personality (Panel Chair).
  • An international arbitration between US and Chinese parties related to small parcel shipping charges billed to a large internet retailer (Panel Chair).
  • A large multiemployer pension plan withdrawal liability case submitted to arbitration pursuant to ERISA (Sole Arbitrator).
  • A commercial real estate dispute between the lessor of a manufacturing plant and the lessee involving allegations of waste allegedly committed by the tenant during a long-term (45+ years) commercial lease (Panel Chair).
  • An eight-figure accounting-based dispute between parties involved in financing and operation of two large hotels in Chicago and San Francisco (Panel Chair).
  • A domestic energy arbitration between a consortium of public utility districts and a private generating company relating to interpretation and enforceability of a five-year option agreement to purchase electric power from a gas-fired generating plant (Panel Chair).
  • A corporate governance dispute between owners of three LLC’s (Sole Arbitrator).
  • A dispute between a hospital and an IT vendor over alleged breaches of a healthcare IT services outsourcing agreement (Sole Arbitrator).
  • A California-based contract dispute between a large commercial retailer and a consultant relating to enterprise-zone tax credits (Sole Arbitrator).
  • A distributor-termination and valuation dispute between a brewery and a beer distributor (Sole Arbitrator).
  • A construction dispute between a general contractor and a soils subcontractor relating to a junior high school construction project (Sole Arbitrator).
  • An international arbitration involving applications for emergency relief between parties engaged in the aviation industry (Sole Arbitrator).
  • A dispute related to exports of Alaska seafood products to China and Japan (Sole Arbitrator).
  • A contract dispute between an Italian manufacturer and the former CEO of its U.S. subsidiary (Panel Chair).
  • A dispute between an affiliate of the Chinese government and a U.S. party related to a timber and real estate project (Sole Arbitrator).
  • A contract dispute between a high-tech multinational company headquartered in India and the former CEO of its U.S. subsidiary (Sole Arbitrator).
  • A dispute involving securities and tort claims brought by an Indian tribe against its former investment advisory firm (Panel Chair).
  • A dispute relating to a business purchase and sale, and related unit buy-back agreements (Sole Arbitrator).
  • A dispute related to an investment banking firm’s claim for its fees due to services provided to a client in connection with a corporate acquisition (Sole Arbitrator).
  • An insurance coverage dispute relating to investment losses suffered by the retirement trust of a large labor union (Panel Chair).
  • A software industry dispute involving alleged breaches of an asset purchase agreement (Sole Arbitrator).

 SERVICE AS A NEUTRAL PANELIST ARBITRATOR:

  • An international telecom patent licensing arbitration involving claims for royalties and defenses and counterclaims alleging antitrust violations and breaches of contractual obligations to standard setting organizations (ETSI and IEEE) to license SEPs patents on FRAND terms.
  • An international arbitration between a U.S. airline and three European airlines over interpretation of revenue sharing agreements following a merger involving one of the original contracting parties.
  • An international arbitration involving alleged breaches of a co-development agreement providing for design, development and financing of photovoltaic solar electric power projects for a California city.
  • A domestic energy arbitration between parties to an oil and gas participation agreement over interpretation and implementation of an “area of mutual interest” provision.
  • An international biotech arbitration between US and Swiss parties related to alleged breaches of a licensing agreement covering certain genotypes sold for use in a test kit for human papillomavirus.
  • A patent licensing dispute between a licensor and the estate of the inventor of patents widely used in the commercial aviation industry.
  • An international insurance coverage arbitration involving claims by a large brokerage firm for coverage of mutual fund losses made under D&O policies.
  • An international arbitration between US and Austrian parties arising out of the sale of a software company involving alleged breaches of representations and warranties given by the sellers related to balance sheet and tax liabilities.
  • An international arbitration between Israeli and Chinese parties relating to sales and licensing of a technology product in China.
  • An international arbitration between British, Israeli and U.S. investors in a large commercial real estate project related to alleged breaches of the parties’ development agreements, fiduciary duties and capital call obligations.
  • An international arbitration of a dispute arising out of the alleged wrongful termination of a custom manufacturing agreement between U.S. and Brazilian parties and alleged breaches of the agreement’s non-competition and confidentiality covenants.
  • An international arbitration between US and Indian parties relating to interpretation and enforcement of the royalty provision in a software licensing agreement permitting manufacture of a GPS navigational product sold to the commercial aviation industry.
  • An international arbitration between U.S. and Dutch parties of a trade secret, breach-of-contract and RICO dispute between competing manufacturers of an environmental remediation product used to remove mercury from the waste gas streams of coal-fired public utilities.
  • A domestic energy arbitration between a natural gas shipper and gatherer over alleged breaches of a natural gas gathering agreement.
  • A dispute between a private investment firm and several of the firm’s portfolio managers over interpretation of contractual provisions governing management of holdback accounts.
  • An international ICDR arbitration between Swedish and U.S. parties involving alleged breaches of a patent licensing agreement covering certain microprocessor technology used in cell phones.
  • A domestic arbitration between a major oil company and a U.S. state government to determine the value of the company’s Alaska North Slope crude oil production landed on the U.S. West Coast.
  • A domestic arbitration involving a dispute between a software development firm and a company owning natural gas pipelines involving breach of contract and breach of warranty claims related to customization and development of a software product.
  • A commercial real estate arbitration involving decennial rent re-set appraisal and valuation issues related to the biotech campus buildings of a large U.S. medical school.
  • A rate-setting dispute between a Class I railroad and several short line railroads involving claims of alleged breaches of freight operating agreements.
  • A domestic energy arbitration between a qualifying cogeneration power plant and a large industrial customer over alleged improper termination of a long-term purchase and sale agreement for supply of steam.
  • A dispute between owners of an HMO over alleged related-party transactions and breaches of fiduciary duties by directors of a Medicaid managed care company.
  • A dispute between former joint venture parties alleging breach of contract, business torts, fraudulent conveyancing and misappropriation of trade secrets.
  • A Texas dispute between general and limited-partner investors in certain oil and gas and commercial real estate properties involving allegations of breach of contract, breach of fiduciary duty and fraud.
  • A dispute between two Washington hospitals and a national health insurer over reimbursement issues.
  • A class action arbitration between an alleged class of physicians and a health insurance company operating in Texas related to denials of reimbursement requests for the professional component services portion of billings for certain clinical diagnostic tests performed in a hospital setting.
  • A dispute involving the U.S. Olympic Committee and the national governing body of an Olympic sport.