Simply put, arbitration is a process for resolving commercial and investment disputes efficiently and expeditiously.
It gives the parties the opportunity to resolve a dispute, whether international or domestic, and whether complex or straight-forward, in an efficient and timely manner – the parties choose the arbitrators, the rules, and work in a confidential setting. I've served as Chair, sole arbitrator, or a co-panelist in over 60 international and commercial arbitration proceedings under the rules of various institutions, including the ICC, AAA, and ICDR, and self-administered arbitrations under the CPR rules.. I am familiar with the issues in most areas where commercial disputes arise, including the following:
Antitrust and Competition Law
Banking and Financial Services
Bankruptcy, Liquidation, Work-outs and Restructuring
Breach of Fiduciary Duty
Distribution, Franchise and Supply Contracts
Employment and Partnership Disputes
Licensing and Intellectual Property
Mergers, Acquisitions and Joint Ventures
An effective arbitrator must be a successful case manager with skills in dealing with people and with process management, ever mindful of matters of cost and efficiency. An arbitrator should be knowledgeable about the issues in the case; be prepared to dig in and read all of the materials and documents; honor the parties’ agreement; be neutral and impartial to the end of the hearings; make himself available at all times during the course of the arbitral proceeding; and be organized and manage the arbitration effectively and efficiently. In an era where there has been criticism of arbitration tending to become like litigation, he arbitrator should monitor and supervise disclosure and discovery matters, and must be knowledgeable and sensitive to e-discovery issues.
Arbitrated an ICC arbitration involving claims under warranty approaching $10 million for installation of a power turbine.
Arbitrator in several arbitrations involving collateralized mortgage obligations (“CMOs”).
AAA arbitration encompassing charges of fraud, negligent misrepresentation and violation of state securities laws in connection with 8-figure investment by a fund in a partnership (related to the unfortunate Madoff affair).
AAA arbitration regarding a contract dispute between two limited partners and the general partner in a limited partnership over the meaning of terms in the partnership agreement, namely whether the general partner may make certain distributions.
AAA arbitration involving a dispute between a trustee in bankruptcy and a registered broker-dealer with allegations of breach of contract and breach of master repurchase agreement and repurchase agreements, wrongful and improper liquidation, and breach of covenants of good faith and fair dealing in the master repurchase agreement and repurchase agreements.
ICDR arbitration involving allegations of breach of contract for sale and purchase of commodities.
ICDR arbitration between a law firm and client involving law firm’s recovery of legal fees.
ICDR arbitration between an investor and an offshore fund involving allegations of wrongful termination of securities pledge agreement and refusal to repay a loan; allegations of breach of contract, fraud and negligent misrepresentation.
ICDR arbitration involving claims of wrongful termination, fraud and other relief in a dispute between a multinational trading company and sub-contractors; counterclaims for fraud and defamation
ICDR arbitration involving a dispute between an multinational trading firm and a counter-party including allegations of breach of contract, breach of post-termination confidentiality and non-competition restrictive covenants, unfair competition and other relief.
ICDR arbitration between a multinational electronic products firm and another manufacturer arising out of a license agreement.
ICDR arbitration between two companies engaged in the supply of material to the Defense Department, arising out of allegations of breath of a service agreement between the parties.
AAA Commercial Panel
ICDR panel of international arbitrators
ICC panel of arbitrators
CPR Panels: Banking, Accounting and Financial Services, Franchise-Northeast, Cross-Border and New York City ADR
FedArb Panel of Participating Commercial Arbitrators and Mediators
FINRA Board of Arbitrators
Arbitration Panel of the U. S. District Court for the EDNY
Member of the Panel of Arbitrators of the Singapore International Arbitration Centre
Member of the Panel of Arbitrators of the Shenzhen Court of International Arbitration
AAA Webinar: The Preliminary Hearing: Preliminary, But Not Just Procedural, April 16, 2014.
Program Faculty and Speaker: NYSBA Dispute Resolution Section Commercial Arbitration Training, Benjamin N. Cardozo School of Law, New York City, June 17-19, 2013
Panelist: Class Arbitration, Association for Conflict Resolution, Greater New York, King & Spalding, New York City, January 21, 2013
AAA/ICDR Program: Saving Time and Money: Controlling the Costs and Enhancing the Speed of Arbitration, December 5, 2012
AAA ACE Program – Maximizing Efficiency and Economy in Arbitration, November 6, 2012
Program Faculty and Speaker: NYSBA Dispute Resolution Section Commercial Arbitration Training, Benjamin N. Cardozo School of Law, New York City, July 16-18, 2012
AAA Training Webinar -- Being a more Innovative Neutral: Applying Innovative Management, May 17, 2012
Presentation to Houston International Arbitration Club, March 6, 2012: Third Party Funding of International Arbitration
Program Faculty and Speaker: NYSBA Dispute Resolution Section Commercial Arbitration Training, Benjamin N. Cardozo School of Law, New York City, June 28-30, 2011
Program organizer and Speaker: Roundtable on Third Party Funding of International Arbitration: The Newest “New New Thing”, NYSBA Dispute Resolution Section and Fordham University School of Law: Fordham Law School, New York City, June 15, 2011;
UNCITRAL Working Group III (Online Dispute Resolution), participating observer for New York City Bar Association, United Nations, New York, NY, May 23-27, 2011
Program Co-Chair and Panel Moderator: Topics in International Arbitration. 2011 Annual Meeting of New York State Bar Association Dispute Resolution Section, New York City, January 27, 2011
UNCITRAL Working Group on Arbitration and Conciliation, participating observer for the New York City Bar Association, United Nations, New York, NY, February 9-13, 2009