Oculus, Federal Hall, New York, New York

Arbitrator and Mediator Services

Service as tribunal chair, sole arbitrator, and tribunal member in a broad range of international and complex domestic US commercial, IP and employment cases, including:

  • Commercial Contracts: full range of disputes involving long-term supply contracts including timeliness of performance, nonconformity of goods, failure to deliver related services, breach of express and implied warranties, implied duties (best efforts, good faith and fair dealing), price determination, conditions, stipulated damages, hardship, impossibility, mandatory law, mistake, limitations on damages, anticipatory breach, repudiation, termination, restitution, damages, set-off, assignment or transfer, third-party rights, limitations periods, joint and several liability, fraud

  • Corporate Transactions: private mergers and acquisitions, breach of representations and warranties, price adjustments, earn-out agreements, breach of post-closing covenants

  • Licensing, Franchise, Dealer and Sales Agency Agreements: failure to perform, wrongful termination, breach of exclusivity obligations, failure to meet targets or exercise best efforts, noncompliance with statutorily-imposed duties

  • Aerospace and Defense: supply chain disruption, Tier 1/ sub-tier relationships, defective parts, delay, hardship claims in long-term supply arrangements, intellectual property rights disputes, stipulated damages

  • Energy: oil and gas projects, solar panel supply disputes (manufacturing defects, sourcing, misrepresentation, insurability), wind farms (construction, operations and maintenance, turbine defects), civilian contractor logistics and fuel supply in support of military operations

  • Life Sciences: patent infringement, misappropriation of jointly developed technology, licensing disputes, violation of confidentiality and non-compete obligations

  • Closely-held Corporations: accounting, mismanagement and misappropriation, breach of non-compete, fair value/FMV minority share valuation

  • Limited Liability Company: disputes between Members and Managers based on operating agreement terms, implied duties

  • Professionals: compensation, competition disputes between law firms and departing partners

  • Employment: executive compensation including investment banker bonus disputes, wrongful termination, breach of duty of loyalty, unfair competition, discrimination, hostile work environment.