Arbitration, Mediation & Alternative Dispute Resolution

Every significant enterprise must deal with disputes — and most businesses encounter them regularly. Our goal is to help you avoid these problems or, when that is not possible, to master them.

We help you put in place practical, effective, formal, and informal mechanisms for dealing with disputes. For example, we regularly become involved at the contracting stage to draft appropriate mediation and/or arbitration clauses. When disputes cannot be avoided, we focus first on your objectives in light of the legal, commercial, reputational, and other risks presented in each case. Our aim is to bring disputes to an early and successful conclusion.

Our active involvement in arbitration, mediation, and other methods of alternative dispute resolution means that we can bring creative thinking to solving both tactical and strategic problems along the way. That sort of agility is as useful in creating approaches to settlement as it is in devising advantageous procedural tactics.

Quick Facts

  • Deep experience as arbitrators and as advocates in arbitration, as mediators and as counsel in mediations, and as negotiators
  • Acted in institution-administered arbitrations by the American Arbitration Association, the International Center for Dispute Resolution, the International Chamber of Commerce, the Stockholm Chamber of Commerce, the London Court of International Arbitration, and the Singapore International Arbitration Center
  • Acted in self-administered arbitrations under the Center for Public Resources Dispute Resolution Rules, UNCITRAL Rules, and other programs, and in ad hoc arbitrations
  • Strong sector experience in life sciences, health care, financial services, and construction

Areas of Focus

  • Finance and banking disputes
  • Securities-related claims
  • Mergers and acquisitions
  • Strategic alliances, partnerships, joint ventures, and other business combinations
  • Business breakups
  • Intellectual property, including patent, trademark, copyright, and technology licensing and transfer disputes
  • Construction, engineering, and design
  • Pharmaceuticals and biotechnology
  • Insurance and reinsurance
  • Sales of capital equipment, commodities, etc.
  • Service contracts
  • Telecommunications
  • Employment and executive compensation
  • Fraud and investigations
  • Political campaign fundraising

Rankings & Recognitions

  • Attorneys recognized by Best Lawyers and Super Lawyers
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Arbitration Experience

  • Achieved complete victory for an international life sciences company in a confidential arbitration initiated by one of the company’s top suppliers. Following extensive discovery and an evidentiary hearing, a panel of three arbitrators unanimously rejected the supplier’s $12 million breach of contract claim and entered judgment for our client on its counterclaim. The panel awarded our client over $2 million, including its attorneys’ fees and costs.
  • Obtained an award of $106.5 million (plus additional interest accruing at ca. $1 million per month), as well as dismissal of counterclaims, for four international banks and an insurance company in an AAA / ICDR arbitration of disputes concerning a defaulted Eurobond issued and guaranteed by related Egyptian companies.
  • AAA arbitration of a dispute between joint venturers relative to the Boston Central Artery Project. (Subsequent mediation of dispute during a judicial appeal of the award.)
  • Represented a major private equity firm in an AAA / ICDR arbitration of a dispute, governed by Mexican law, over the control of a Mexican corporation, in which it was claimed that the issuance of a class of shares violated the bylaws of the corporation.
  • Represented a publicly owned biotech company in a nationally publicized victory in an arbitration that established our client’s right to co-develop one of the world’s best-selling cancer drugs.
  • Represented a major chemicals manufacturer in obtaining a favorable award in an AAA arbitration seeking to enforce contractual indemnity provisions following its purchase of a subsidiary corporation; the seller was required to indemnify for labor-related liabilities and expenses arising out of its refusal to assume collective bargaining agreements.
  • AAA arbitration of a partnership dispute over the rights to manage and sell a $120 million commercial real estate property in Manhattan, New York City; obtained a favorable arbitration decision and fought off ancillary litigation seeking interim remedies.
  • Represented a foreign electronics manufacturer in an ICDR arbitration regarding contract and IP disputes with a US customer.
  • Represented a patentee client in an AAA arbitration arising out of a patent licensing agreement, regarding alleged infringement as well as cross-border sale and importation issues concerning digital cameras, which resulted in an award for our client of several million dollars plus continuing royalties.
  • Successfully represented a water and sewer authority against a design-build contractor for design and performance failure on a combined sewer separation project.
  • Obtained full payment for a wrongfully terminated contractor against an owner in the construction of an underground parking garage.
  • Successfully represented a lead EPC contractor in a 34-day arbitration against two major subcontractors in the design and construction of a pulp and paper de-inking facility with the collapse of an associated wastewater treatment plant.

Mediation Experience

  • Represented holders of more than $500 million in corporate bonds after default in their litigation claims against the corporation’s former directors, officers, and auditors; the dispute resolved through mediation, which involved (in addition to the parties) multiple layers of insurance carriers.
  • Mediation of a dispute on behalf of a national travel company against a former employee and competitor for theft of trade secrets (customer list); the dispute involved the use of a special master and implementation of computer protocol to establish wrongful use of information.
  • Mediation of a design and construction defect dispute on behalf of a national multifamily residential developer and operator.
  • Mediation on behalf of a construction company with an injured plaintiff (and third parties) regarding a severe personal injury claim.
  • Represented a former employee in a claim of breach of contract against a major financial institution-employer that terminated the employee and failed to pay royalties and bonuses owed under the contract; the parties settled in a court-ordered mediation, and our client received a multimillion-dollar settlement.