Mediator Resume

Independent Arbitrator and Mediator

Arbitrator and Mediator, 2001 - Present; Partner, Weil Gotshal & Manges LLP, 1994 - 2001; International Counsel, Skadden Arps Slate Meagher & Flom LLP, 1990 - 1994; Gluck & Associates, 1985 - 1990; Paul Weiss Rifkind Wharton & Garrison LLP, 1982 - 1985; Kass, Goodkind, Wechsler & Labaton, 1979 - 1982.

Full-time independent ADR neutral since 2001. Served as Chairman, Sole Arbitrator, Co-Arbitrator and Emergency Arbitrator in 100+ international and domestic commercial arbitration cases of significant size (including several exceeding $100 million and one in excess of $2 billion) and substantial complexity covering a broad legal spectrum: mergers & acquisitions (breach of representations & warranties, valuations), business associations (corporations, partnerships, limited liability companies, joint ventures), corporate governance, financial services (commercial and investment banking, private equity), telecommunications, information technology, energy (oil, gas, electric), biotechnology, accounting, tax, intellectual property, franchise, licensing, pharmaceuticals, employment, sale of goods, real property, appraisal rights, maritime, insurance. Extensive experience interpreting Delaware limited liability company, limited partnership and corporation law. More than 20 years of broad corporate, commercial, finance and international legal experience representing clients in common law and civil law jurisdictions in the United States, Canada and Europe. Industry experience in energy (oil, gas, electric), telecommunications, financial institutions, pharmaceuticals, media, aviation and retail. Transactional experience includes: mergers and acquisitions - private and public companies; energy - development, acquisition and financing of energy projects (including electrical generating facilities and independent power plants), electrical power purchase agreements, oil & gas concession agreements and exploration and production agreements; telecommunications - acquisition of regional and national telecommunication entities, including negotiations with governmental bodies; privatizations. Significant corporate/finance experience, including securities and capital markets (public and private offerings of debt/equity); private equity (represented both fund sponsors and investors); partnership, joint venture, and shareholder agreements; concession and project finance agreements; complex international syndicated loan agreements; executive employment agreements; licensing, copyright and distribution, vendor, and manufacturing agreements.

IMI Certified Mediator (International Mediation Institute) Who's Who of Commercial Mediation, 2013-14, 2016, 2022-2025 Served as a mediator in 40+ domestic and international commercial disputes including: partnerships, mergers & acquisitions, joint ventures, finance; private equity, energy, breach of contract, executive employment, sales, franchise, intellectual property, surety, negotiable instruments, commercial real property development, sovereign immunity, cargo claim, security interests, maritime and torts. Appointed as a mediator for court-ordered mediations in cases pending in the United States District Court, Southern District of New York.

Mediator for domestic and international disputes including: mediation involving SDNY motion to block $8 billion merger; dispute over put rights in an investment vehicle that constructed and owned a jack-up accommodation rig; fiduciary duty claim against a manager of a Delaware LLC engaged in international power projects; dispute between an international airline and a sovereign state over landing and operation rights; ponzi scheme asset recovery claim by court appointed receiver; dispute between international joint venture partners in connection with the operation and control of a Delaware LLC; claim by investment bank for fees due under an Engagement Letter; founding stockholder's denial of Board seat; valuation of terminated executive's stock options; claim for breach of representations and warranties in connection with the sale of pharmaceutical manufacturer; dispute over the terms of a cell tower license agreement; multi-party suit concerning the construction of a gas pipeline; claim relating to a private placement of securities in the United States by a Japanese corporation; dispute involving an attached Swiss bank account of a Central Bank; claim for breach of a Master Electric Supply Agreement; claim by an investment bank for advisory fees relating to M & A transactions; accounting dispute between a telecommunications company and a reseller under a Carrier Services Agreement; claim for breach of a joint venture agreement to develop an electric power plant; a regional bank's claim against a software company for deficiencies in proprietary software; dispute between a foreign State and a municipality involving issues of sovereign immunity; litigation involving a property developer and an insurance company regarding a performance bond obligation; executive’s claim for being fraudulently induced into accepting a position in a media company; claim for breach of a national sales ground transportation agreement; suits involving sexual harassment, age, retaliation, hostile work environment, race discrimination; dispute involving the U.S. EB-5 Immigration Investor Program. Dispute between a regional utility and a power plant over payment terms under a long-term capacity agreement; ponzi scheme asset recovery claim by court appointed receiver; cell tower license agreement dispute; claim for breach of representations and warranties by South American investors in connection with the purchase of the Argentinian operations of a consortium of European energy companies; claim for breach of fiduciary duty by a manger of a Delaware LLC engaged in international power projects; dispute between international joint venture partners in connection with the operation and control of a Delaware LLC; derivative suit by minority shareholder against a major franchise operator, its directors, and the trustees of majority stockholder; cargo damage from alleged breach of a maritime contract of carriage; suit among contractor, subcontractor, insurance companies and other third parties concerning the construction of a gas pipeline; class action involving the cancellation of a financial instrument by an international financial service company; suit by a medical practitioner against a regional medical center and a large physician's group alleging illegal restraint of trade.

Mediation is a process of facilitated negotiation that encourages parties to evaluate whether and on what basis a dispute should be resolved. I view my role as offering parties insight at critical junctures of the process, assisting them in objectively reviewing their respective positions and helping them make informed decisions about whether and how their dispute can be resolved. Based on my 20+ years' of experience as a corporate/international attorney negotiating complex multi-party transactions, I bring to the mediation a solid understanding of the structure and purpose of the underlying agreements and related documents. I believe that an essential driver for a successful mediation is careful preparation. As such, in advance of the mediation, I normally request a detailed mediation statement from each of the parties, including relevant underlying documents. Prior to the mediation, I also confer with the parties in order to better appreciate the issues and their respective positions. At the mediation, I encourage full participation by party representatives as well as their attorneys. Generally, I start with a facilitative style, moving toward reality testing, which may culminate in an evaluative approach if the parties so request.

Conducted a number of arbitrations and mediations employing web conferencing platforms such as Zoom.

Osgoode Hall Law School, Toronto (JD, Law Review-1977); The Fletcher School of Law and Diplomacy, Tufts University (AM, International Affairs-1974); York University, Toronto (BA, Honors, first class-1973); Recipient of the ITT International Fellowship, representing Canada (1973).

Admitted to the Bar: New York (1981); U.S. District Court: Southern and Eastern Districts of New York (1981). Barrister and Solicitor, Ontario, Canada (1979)(Ret.).

College of Commercial Arbitrators (Fellow); International Arbitration Club of New York; American Bar Association (Section of Dispute Resolution); Association of the Bar of the City of New York; New York.

Publications: "Great Expectations: Meeting the Challenge of a New Arbitration Paradigm", 23 Am. Rev. Int'l Arb. 231 (2012) Co-Author, The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration, Chapter 8, "Discovery" and Chapter 9 "Summoning Nonparty Witnesses", (Juris Press, 4th Ed. 2017) "Standard Form Contracts: The Contract Theory Reconsidered", 28 Int'l & Comp. L.Q. 72 (1979). Numerous publications and speaking engagements in the United States and Europe on international business issues.

New York, NY; Miami, Florida

Hourly Rate: Not provided Daily Rate: $12,000.00 Study Rate: $13,000.00/Day Cancellation: Not provided Cancellation Period: Not provided Comment: Study rate is a flat $13,000 for a standard case.

English; Hungarian

Canada; United States of America

New York, New York