Experience: Arbitration

Energy/Power Plants
  • Multi-million dollar claims made by major domestic energy companies who own pipeline systems and entered into a Joint Tariff Agreement.  Member of Three Person Panel.
  • Interpretation of indemnity provisions in a Stock Purchase Agreement between two major Oil and Gas companies.
  • Interpretation of Force Majeure clause in a Power Purchase Agreement between the majority owner of an electrical power facility and a minority owner who was to make reservation payments for electrical capacity on a monthly basis in exchange for the availability of a specific monthly amount of electricity.  Chair of three person panel.
  • Multi-million dollar dispute in connection with the design, estimating, engineering, procurement and construction of an integrated gasification combined cycle (IGCC) electricity plant.
  • Multi-million dollar contract interpretation (Joint Operating Agreement) dispute between two major Oil and Gas companies. Chair of three person panel.
  • Multi-million dollar claims of theft of trade secrets/patent infringement involving products used to measure sulphur content in petroleum based gases.
  • Multi-million dollar claim for breach of Gas Processing Agreement. One-week arbitration.
Complex Commercial - Domestic and International
  • Multi-million dollar International Arbitration dispute between companies from Spain and Texas. Issue: Determination of breach of Stock Purchase Agreement thereby triggering additional earn out payments. Three person panel.
  • Contract dispute between a Health Care Plan Provider and a Pharmacy Benefit Manager involving formularies and rebates.  Three person panel.
  • Partnership Dissolution including restatement of Capital accounts.  Chair of three person panel.
  • Probate Arbitration matter involving breach of a Mediated Settlement Agreement. Sole Arbitrator.
  • Breach of Stock Purchase Agreement between U.S. company and foreign company. Multi-billion dollar claim for lost earn-out opportunities. Three Person Panel. Award issued
  • Interpretation of contract terms between two major energy companies. Chair of three Person Panel. Award issued
  • Multi-billion dollar contract interpretation including intellectual property issues - medical device. Fortune 500 Companies. Two-week arbitration.
  • Multi-million dollar claims of theft of trade secrets and breach of contract involving computer software and hardware of car dealer management system. Three-week arbitration.
  • Securities Fraud, Louisiana Blue Sky Violation, Breach of Merger Agreement. One-week arbitration.
  • Breach of Buy/Sell Agreement involving purchase of financial trust company by bank/Counterclaim by Seller. Two-week arbitration.
  • Multi-million dollar Fraud in the Sale of Real Estate claim for failure to disclose existence of potential toxic waste brought by homeowners against major home builder. EPA issues. Sole Arbitrator.
  • Breach of various computer hardware and software dealer management agreements/counterclaim for Deceptive Trade Practices.
  • Claim for breach of Business Purchase and Sale Agreement.
  • Claim made by attorneys against attorney to whom they referred cases for additional attorneys’ fees. Sole Arbitrator.
  • Multi-million dollar claim for failure to pay commissions pursuant to Employment Agreement. One-week arbitration.
  • Multi-million dollar claim for breach of Gas Processing Agreement. One-week arbitration.
  • Shareholder oppression dispute.
  • Breach of Joint Venture Agreement and Breach of Loan Agreement.
  • Breach of Merger and Restructuring Agreement involving purchase of intellectual property used in the design of a medical device. Chair of Panel.
Real Estate
  • Multi-million dollar claim for breach of long-term commercial lease agreement with claims of constructive eviction and fraud. One-week arbitration.
  • Claim brought by Tenant of long-term leasehold agreement for interpretation of provision in agreement regarding amount of rent due to Landlord.
FLSA/Labor and Employment
  • Contract interpretation re: Shareholder buy-out provision and restrictive covenants.  Included breach of contract claims for money owed.  Sole Arbitrator.  Award issued.
  • Multiple FLSA claims; collective action, class action and single action.  Both as Chair and member of Panels.
  • Employee of company who signed an arbitration agreement which was silent on ability to bring claims as a Class Action. Sole Arbitrator
  • Title VII Discrimination Claim. Sole Arbitrator. Award issued
  • Claim by former owner and president of successor company that he was terminated for cause four months into a three year employment contract. Sole Arbitrator.
  • Intentional Infliction of Emotional Harm alleged by employee. Sole Arbitrator.
  • Breach of Employment Contract by former employee of major accounting firm.
  • Claims made for violation of Title VII in the work place.
  • Claims for hostile work environment, violations of Title 42 USC Section 1983 and Title VII. Several arbitrations. Sole Arbitrator.
  • Collective Bargaining Agreement- determination of adherence to time requirements for the filing of grievances and, if not, whether same was waived.
Insurance
  • Multi-million dollar disputes involving the Texas Health Maintenance Organization Act and Texas Insurance Code as it applies to Preferred Provider Benefit Plans
  • Multi-million dollar coverage claim by insured (Major Oil Company) against its insurer. Sole Arbitrator.
  • 18 Homeowner claims against insurer for failure to pay losses resulting from hail damage. Sole Arbitrator.
  • Homeowner claim against insurer. Sole Arbitrator.
  • Homeowner dispute with its insurance company over plumbing/sewage leaks which allegedly caused foundation damage. Sole Arbitrator.
  • Umpire for insurance claims (home and business) related to Hurricane Ike.
Intellectual Property
  • Multi-million dollar claims of theft of trade secrets and breach of contract involving computer software and hardware of car dealer management system. Three-week arbitration.
  • Multi-million dollar claims of theft of trade secrets/patent infringement involving products used to measure sulphur content in petroleum based gases.
  • Multi-billion dollar contract interpretation including intellectual property issues - medical device. Fortune 500 Companies. Two-week arbitration.
  • Patent infringement claims of certain world-wide patents for cardiac stents valued in excess of $4 billion. Two-week arbitration.
Negligence
  • 400 Plaintiffs, multi-billion dollar claim against two major pharmaceutical companies for their responsibility when a pharmacist diluted a cancer treatment drug and sold the same over a period of time to unsuspecting cancer patients. Chair of panel.
  • Non-subscriber negligence action against employer.  Sole Arbitrator.
Product Liability
  • $100 million dollar claim for product defect, strict liability, marketing defect and negligent design regarding truck component part. Chair, one-week arbitration.
Malpractice
  • Former patent client sued counsel for allowing case to be dismissed.
Class Actions
  • Claims in excess of $400 million against law firm brought by 3400 former clients asserting breach of contingent fee agreement and breach of fiduciary duty. Arbitration hearing conducted in stages.
Construction
  • Construction defect. Sole Arbitrator.