Industry Experience

Construction Disputes – Arbitrator in disputes relating to construction and infrastructure projects, including bridges and highways, rapid transit systems, pipelines, power generating facilities (wind farms, solar energy projects, dams, hydro-electric, wind and aero-derivative turbines), district energy systems, mining projects, FPSO’s, plasma-arc furnaces, pulp digesters, boilers, naval vessels and marine facilities, residential and industrial complexes.

Energy Industry – Arbitrator in disputes concerning operating agreements, processing agreements for offshore oil and gas, pipeline access agreements, pipeline construction agreements, windfarm construction agreements, long-term LNG supply agreements, resource allocation, royalty obligations, off-gas agreements, gas fractionation plants, options and joint-venture agreements, gas-handling agreements, district energy systems, geothermal power plants, coal-fired power plants, Power Purchase Arrangements, force majeure, termination and HILP events, the construction or repair of petrochemical towers, hydro-electric and aero derivative turbines, boilers, pipelines, access roads, tunnels and dams, and the sharing of revenues. Extensive experience with economic analysis, market forecasting, cost-estimating, discount rates, royalty calculations, good operating practices and similar issues.

Finance and Capital Markets – Arbitrator of three separate disputes relating to private equity investment business and venture capital funds including disputes arising out of refusals to fund, claims of securities fraud, misrepresentation and breach of fiduciary duty, alleged misuse of powers of attorney, and compensation disputes. Extensive experience as counsel in securities and secured lending disputes.

FRAND Patent Licensing - Tribunal president or co-arbitrator in three cases to establish FRAND license terms for large portfolios of Standard Essential Patents and other patents.

Intellectual Property – Arbitrator in numerous disputes relating to technology and intellectual property issues, including patents (portfolio valuation applying FRAND principles, challenges to validity and infringement, patent construction, patent license agreements, royalties) and other disputes under license and sub-license agreements, software development agreements, sponsored research agreements, marketing and distribution agreements. Relevant industries have included human and veterinary pharmaceuticals, cellular communications, fiberoptic transmission, software design, metallurgical processing and entertainment concepts.

Manufacturing and Distribution – Arbitrator in disputes involving manufacturers and distributors of various products, including heavy equipment, aerospace equipment and services, naval and civil vessels, health-food products, pharmaceutical products, pet foods, alcoholic beverages, vegetables and computer software, electronic devices, including patent and trade-mark disputes, antitrust disputes, franchise, marketing, strategic alliance and distribution agreements. Arbitrator of numerous disputes under licensing agreements.

Mining Industry – Arbitrator in disputes involving gold, diamond, copper and poly-metallic properties in North America, Latin America and Africa. Good working knowledge of the industry and its practices, including mine construction and engineering, option agreements, joint ventures and public and private financing alternatives.

Partnerships and Joint Ventures– Arbitrator in disputes concerning joint venture arrangements, particularly in the mining, construction, energy and real estate industries. Arbitrator of several disputes among principals and between principals and investors of both private and listed venture capital funds, Arbitrator of several highly contentious disputes among former law partners arising upon partnership dissolution. Also arbitrator and counsel in oppression and oppression-related corporate proceedings. Issues have included questions of dilution, responsibility for capital contributions, carried-interests, third party financing obligations and related matters.

Real Estate, Local Governments and Leasing – Arbitrator in numerous proceedings concerning real estate issues, including rent renewals and reviews, joint venture agreements, sale and purchase issues. Good working knowledge of appraisal and business valuation issues and practice. Arbitrator of several statutory arbitrations to resolve disputes among local governments under the Community Charter and the Local Government Act. Arbitrator of disputes between local government and waste disposal service provider.