Commercial (general); Corporate; Energy & Natural Resources; Finance; Intellectual Property; International Trade; IT & Telecoms; Manufacturing; Sale of goods
Arbitration Tribunal/panel Chair; Arbitration Tribunal/panel Member; Contract Drafter; Mediator; Panel Member; Party Representative; Sole Arbitrator
Areas of Interest:
Arbitration; Commercial Mediation; Domestic Arbitration; International Arbitration; Med / Arb; Mediation
Member, Sherman & Howard L.L.C., Denver, Colorado, U.S.A. Arbitrator and advocate admitted to practice as a Colorado, U.S.A. attorney and a solicitor of the Senior Courts of England and Wales. Also admitted—U.S. Supreme Court, U.S. Tenth Circuit Court of Appeals, and U.S. District Court for the District of Colorado.
Professional Experience. Over 30 years’ of professional experience in international commercial dispute resolution. Practice focuses on preventing, solving, and adjudicating international business disputes, and includes international commercial arbitration (arbitrator and advocate) and international commercial litigation in U.S. and non-U.S. trial and appellate courts. Recognized in publications including Best Lawyers in America (Arbitration), The International Who’s Who of Commercial Arbitration, Guide to the World’s Leading Experts in Commercial Arbitration (including Best of the Best USA), Colorado Super Lawyers (Business Litigation), and 5280 (The Denver Magazine) Top Lawyers (International). Member of ICDR and AAA panels and EU-US Privacy Shield List of Arbitrators.
Both as an arbitrator and advocate, cases usually concern complex disputes over breaches of contracts, breaches of representations and warranties, mergers and acquisitions, joint ventures, sales of goods, corporations, partnerships, securities, corporate governance, shareholder rights, fraud, business torts, unfair competition, trademarks, trade secrets, and online identity. Cases have involved diverse industries, such as manufacturing, distribution, oil and gas, oilfield services, renewable energy, e-commerce, credit card and electronic payment processing, broadband telecommunications, satellite launch services, and technology, among others. Amounts in dispute up to US$2 billion. Experience includes:
Commercial arbitration and litigation. Handled commercial disputes in the U.S. and abroad. Won US $202 million litigation judgment in dispute over cable television in Hong Kong and successfully defended the judgment in the U.S. Court of Appeals and the U.S. Supreme Court. Matters have involved parties in Hong Kong, China, Taiwan, Malaysia, Singapore, Australia, India, Saudi Arabia, Israel, England, Scotland, Germany, France, the Netherlands, Spain, Switzerland, Canada, Mexico, Honduras, Panama, Ecuador, Peru, Bolivia, Argentina, Chile, and other countries. Examples of experience include:
Oil and gas, renewable energy, and mining. Disputes over services and construction contracts for solar energy projects; joint ventures in the biodiesel industry; drilling contractors and other oilfield services; oil and gas participation agreements and joint operating agreements; breaches of representations and warranties under asset acquisition agreements; post-closing working capital adjustments; and breaches of requirements and supply contracts.
Broadband telecommunications. Disputes over securities, joint ventures, mergers and acquisitions, breaches of representations and warranties, investment and commercial banking, corporate governance, shareholder rights, technical cooperation and services contracts, post-closing purchase price adjustments, supplier agreements, system design, information technology, and programming.
Other commercial contracts. Disputes over asset sales, loan and security agreements, equity and debt financing, agency and representation, manufacturing, distribution, professional services, independent contractor agreements, non-compete agreements, outsourcing agreements, credit card and electronic payment processing (including chargeback liability), software and other intellectual property license agreements, and real estate contracts, among others.
As arbitrator—Served as arbitrator (chair, panelist, and sole arbitrator) over 35 times in international and U.S. domestic arbitrations under ICC, ICDR, AAA and other institutional rules. Has applied substantive laws from various common law and civil law jurisdictions, with diverse arbitral seats in the U.S. and abroad, including Asia, Europe, and North America. Subjects of the arbitrations have included, for example, mergers and acquisitions, joint ventures, shareholder rights, sales of goods, manufacturing, distribution, mining, oil and gas, software development, electronic payment processing, and professional services. Claims have included breach of contract and breach of representations and warranties, as well as breach of fiduciary duty, fraud, and other torts. Relief sought has included damages, as well as declaratory and injunctive relief.
As advocate—Please refer to Professional Experience above. Has represented claimants and respondents in administered and non-administered international and U.S. domestic arbitrations under ICC, UNCITRAL, ICDR, AAA, and other arbitral rules, under the laws of various common law and civil law jurisdictions, and with arbitral seats in the U.S. and abroad.
Attorney, Colorado U.S.A.
Solicitor of the Senior Courts of England and Wales