Arbitration – Large Case Example:
Member of an international panel arbitrating the breach of a long-term exclusive license agreement between a U.S. licensor and foreign licensee. Licensor alleged breach of the agreement and unfair competition through the addition and sale of competitive products and damages in the hundreds of millions of dollars. After extensive hearings the panel was required to review 20years of activities under the agreement, including the effects of multiple mergers and joint ventures. The panel issued an award on liability after which the parties resolved their dispute by revising the agreement and payment for past damages.
Mediation – Large Case Example:
Mediation of a claim by a chemical manufacturer against a distributor for breach of it’s purchase obligations and a cross claim for breach of contract. After extensive discussions, including the filing of suit by the manufacturer, the parties resolved their dispute through the renegotiation of the distributor agreement.
Arbitration – Medium Case Example:
Chair of a tribunal which heard a claim by a commissioned agent under a license agreement between a service provider and third party licensors. The agent alleged the licensee failed to act in good faith in promoting the licensed products which resulted in diminished commissions. After hearings, the panel was required to determine the cause of substantial failure to meet sales goals established by the licensee. The panel awarded for the claimant including attornies fees as required under the arbitration agreement.
Mediation – Medium Case Example:
Mediation of a dispute between a State Government Agency and a supplier of maintenance services. The supplier claimed substantial overages for work performed and accepted by the State. The State Agency claimed the agreement was a fixed fee contract and any overages had to be specifically approved before performance. After a number of mediation sessions, the agency agreed to compensate the claimant on a quantum merit basis.
Arbitration – Small Case Example:
Arbitration of a claim between a purchaser of an automobile and the dealer. The purchaser claimed fraud in the inception, i.e. the dealer misstated material facts. After written submissions, an award was entered for the Dealer.
Mediation – Small Case Example:
Mediation of claims between neighbors over trespass and reckless driving on a common driveway. After extensive mediation sessions, the parties agreed to allow the neighbor to enter the others property to make repairs to the utility lines and required adjustments to the driveway, and the installation of protective shrubbery to reduce the risks to the other property owners.