Mediator Resume

Independent arbitrator and mediator listed on the AAA-ICDR Commercial, Large Complex Case, Expedited, and Financial Services Panels. Retired Senior Partner of a major international law firm and former Chair of the Audit Committee of a NYSE-listed corporation. Trained in civil law and common law; conducts proceedings and drafts awards in English and French. Particular expertise in financial markets, derivatives, accounting standards (US GAAP and IFRS), securities and financial services disputes, and a broad range of domestic commercial transactions. Court-appointed Special Master and mediator in the New York State and federal courts.

Independent Arbitrator, Mediator, Attorney, Independent Director, Professor of Law

Arbitrator and Mediator, 2012-Present; Of Counsel, Dewey & LeBoeuf, 2007-2012; Adjunct Professor of Law, Law School University of Montreal, 2011-present; Visiting Lecturer on Corporate Governance, HEC-MBA France, 2007-present; Senior Partner, LeBoeuf Lamb Greene & MacRae, 1992-2007; Partner, Donovan Leisure Newton & Irvine, 1984-1992; Partner/Associate, Windels Marx Davies & Ives, 1976-1984; Chief International Counsel, Carrier Corp, 1972-1976; Associate, Cadwalader Wickersham & Taft, 1970-1972.

FINANCIAL MARKETS AND DERIVATIVES Through long-standing representation of major banks, financial institutions, and energy companies, developed particular expertise in OTC derivatives documentation and complex financial products. OTC derivatives documentation: ISDA Master Agreement and Credit Support Annex; securities lending; total return swaps; margin lending. Energy market instruments: congestion revenue rights (CRRs); financial transmission rights (FTRs); commodity options and swaptions; swing options; tolling agreements. ENERGY -- POWER AND UTILITIES Long-standing representation of a major electric utility and its subsidiaries in numerous energy transactions spanning power generation, transmission, distribution, and power marketing, including power purchase agreements, operations and maintenance agreements for high-voltage transmission lines, and asset-based project financing. Familiarity with EEI Master Power Purchase and Sale Agreement and Collateral Annex through representation of an active power marketer; day-ahead, capacity, and ancillary services markets; ISO/RTO market structures. ACCOUNTING STANDARDS AND CORPORATE GOVERNANCE Ten years as Chair of the Audit Committee of a NYSE-listed steel corporation. Direct experience of the relationship between the audit committee, senior management, and outside auditors in the preparation of audited financial statements. Professional judgment required in the interpretation and application of accounting standards whether under US GAAP or IFRS. Conducted several internal investigations as Audit Committee Chair; also advised and represented clients in internal investigations. Experienced with PCAOB auditing standards and the professional judgment required in their application -- for example, interpretation of loss contingency standards, restatement triggers, and the interplay with SEC guidance on materiality. MERGERS AND ACQUISITIONS Extensive M&A experience involving both domestic US transactions and cross-border transactions. Transaction structures included asset purchase agreements and share purchase agreements involving both public and private companies. Particular expertise in post-closing dispute-prone provisions: representations and warranties; material adverse event and change clauses (MAE/MAC); earn-out provisions; post-closing purchase price adjustments; collectability of receivables; non-compete clauses; and guarantees. COMMERCIAL CONTRACTS Extensive experience advising domestic and international corporations on a broad range of commercial agreements. Contract interpretation; distribution and agency agreements; technology and patent licensing; joint ventures; take-or-pay agreements; contract manufacturing; force majeure. Industries: steel, chemicals, heavy machinery, electronics, pharmaceuticals, and wholesale distribution.

Has served as mediator across all of the following appointments for many years: Special Master, Appellate Division, First and Second Departments, Supreme Court of the State of New York; Roster Mediator, New York State Unified Court System (New York County, Bronx County, Kings County, Richmond County, and Westchester County); Mediator, United States District Court for the Eastern District of New York; and private mediations involving sophisticated commercial and financial matters. Contract disputes lead across all categories. Representative matters span nine subject matter areas: fiduciary disputes including family trust restructuring, co-guarantor liability, shareholder derivative actions, and estate administration with cross-border tax apportionment; secured lending and structured finance including convertible loan valuation, taxi medallion loans, and IP as collateral under UCC Article 9; real estate finance and mortgage restructuring; business divorces and joint ventures including LLC valuation and operating agreement disputes; construction including owner-contractor, GMP contract, and surety disputes; environmental including Navigation Law and underground storage tank liability; insurance coverage including D&O, CCIP subrogation, and communicable disease provisions; tax including real estate tax assessments, disputed tax lien sales, priority and enforcement of tax liens on real property, and fraudulent conveyance in pre-bankruptcy tax lien transfers; and real estate including commercial landlord-tenant, COVID lease restructuring, and disputes over sale of properties subject to tax liens. Multi-party mediation experience in construction and environmental matters involving owners, general contractors, subcontractors, sureties, and insurers. In many of these mediations, an appreciation of and sensitivity to cultural differences was essential given the diverse national origins of the parties. Contract disputes; breach of commercial contract; contract interpretation; force majeure. Fiduciary duty; looting of family trust; co-guarantor liability; shareholder derivative action; waste of corporate assets; misappropriation of corporate opportunity; dividend vs. capital investment policy; estate administration; cross-border estate tax apportionment. Secured lending; convertible loan valuation; equity conversion disputes; taxi medallion loans; perfection and priority of security interest in intellectual property as collateral; UCC Article 9. Real estate finance; mortgage restructuring; lien seniority; acceleration and de-acceleration of notes; statute of limitations. Business divorces; LLC valuation; membership interest put and call clauses; managing member conflicts; apportionment of tax liabilities in LLC dissolution; M&A representations and warranties; MAE/MAC clauses; earn-outs; non-compete clauses. Construction; scope of work; change orders; GMP contract disputes; wrongful termination; lost profit; surety liability; mechanic's liens; stop work orders; owner-architect disputes. Environmental; Navigation Law; underground storage tank liability; remediation costs; DEC rules. Insurance coverage; Leading Edge All Risk Policy; communicable disease provisions; D&O coverage; CCIP subrogation; surety liability. Tax; real estate tax assessments; disputed tax lien sales; priority and enforcement of tax liens on real property; fraudulent conveyance from pre-bankruptcy transfers of tax liens. Real estate; commercial landlord-tenant; rent abatement; constructive eviction; surrender obligations; COVID lease restructuring; sale of properties subject to tax liens. Diamond merchant joint venture; valuation disputes; multi-party construction and environmental matters. For references: ADR Coordinators for First and Second Departments of the Appellate Division of NYS Supreme Court, for the Commercial Division of Bronx New York and Richmond Counties

Contract disputes; breach of commercial contract; contract interpretation; force majeure. Fiduciary duty; looting of family trust; co-guarantor liability; shareholder derivative action; waste of corporate assets; misappropriation of corporate opportunity; dividend vs. capital investment policy; estate administration; cross-border estate tax apportionment. Secured lending; convertible loan valuation; equity conversion disputes; taxi medallion loans; perfection and priority of security interest in intellectual property as collateral; UCC Article 9. Real estate finance; mortgage restructuring; lien seniority; acceleration and de-acceleration of notes; statute of limitations. Business divorces; LLC valuation; membership interest put and call clauses; managing member conflicts; apportionment of tax liabilities in LLC dissolution; M&A representations and warranties; MAE/MAC clauses; earn-outs; non-compete clauses. Construction; scope of work; change orders; GMP contract disputes; wrongful termination; lost profit; surety liability; mechanic's liens; stop work orders; owner-architect disputes. Environmental; Navigation Law; underground storage tank liability; remediation costs; DEC rules. Insurance coverage; Leading Edge All Risk Policy; communicable disease provisions; D&O coverage; CCIP subrogation; surety liability. Tax; real estate tax assessments; disputed tax lien sales; priority and enforcement of tax liens on real property; fraudulent conveyance from pre-bankruptcy transfers of tax liens. Real estate; commercial landlord-tenant; rent abatement; constructive eviction; surrender obligations; COVID lease restructuring; sale of properties subject to tax liens. Diamond merchant joint venture; valuation disputes; multi-party construction and environmental matters.

Thorough preparation is key to a successful outcome. As part of the preparation process, I request a confidential pre-mediation memorandum from each party's counsel covering the issues in dispute, their client's position, and the current status of settlement discussions. I follow up with a private conversation with each counsel in which I ask how they see a possible settlement taking shape and what, in their view, are the principal obstacles to reaching one. I view my role as both a facilitator of constructive dialogue and an active participant in the search for a solution with which all parties can be comfortable. My level of engagement is dictated by the nature of the dispute, the parties' wishes, and the evolution of the mediation session. I generally begin with a joint session, then move between joint sessions and private caucuses as circumstances warrant. I make extensive use of decision trees where appropriate to help parties assess the risks and costs of continued litigation against the value of a negotiated resolution. When both parties request it, I have used mediator proposals to good effect. My substantive experience in financial markets, commercial transactions, and accounting standards allows me to understand complex disputes quickly. I share my assessment of the parties' positions when asked, or when it appears likely to assist with resolution. Experienced with multi-party mediations and with parties of diverse national and cultural backgrounds.

Holds ABA TechCred certificate (October 2025) -- Competency Certificate in AI, Digital Innovation and Technology Dispute Resolution, issued by ABA International Law Section and New York Law School. Covers evaluation of AI-generated evidence, blockchain records, and digital assets including crypto derivatives and smart contracts, and the novel legal issues they raise including enforceability, arbitrability, and validity of embedded arbitration clauses. Regularly uses a range of large language model platforms -- including Claude, ChatGPT, Perplexity, Mistral, Gemini, and Copilot -- and maintains locally-hosted AI models for use in confidential matters requiring data privacy. Completed several training programs in cybersecurity for legal practitioners offered through bar association programs and institutional providers of arbitration services. Familiar with evolving bar association rules and judicial decisions governing use of AI tools by neutrals and counsel in arbitration and mediation proceedings, including disclosure obligations and authentication of AI-generated evidence. Conducts hearings and conferences via Zoom, Teams, and other video platforms. Delegate of the Panel of Recognised International Market Experts in Finance (P.R.I.M.E. Finance), UNCITRAL Colloquium on Harmonizing Law in the Age of Digital Trade and Finance, New York, February 2026, addressing secured transactions using new types of digital assets and digital platforms in international trade. Routinely uses the ICCA–NYC Bar–CPR Cybersecurity Protocol for International Arbitration (2022 edition).

Harvard Law School (LLM-1970); University of Montreal (JD-1969); University of Besançon, France (B.Sc-1962).

Admitted to the Bar: New York (1975); US District Court: Southern District of New York (1982); Federal Circuit (1984); US Court of International Trade (1980); US Supreme Court (1977).

New York City Bar Association ADR (chair Subcommittee on International Multicultural Dispute Resolution) and Arbitration Committees, Member, Arb-Med-Arb Joint Subcommittee; Delegate, UNCITRAL Working Group II (Dispute Settlement), 2020-present. Arb-Med-Arb Joint Subcommittee; Delegate, UNCITRAL Working Group II (Dispute Settlement), 2020-present. New York State Bar Association, Dispute Resolution Section -- Member, International Dispute Resolution Committee; Member, AI in ADR Subcommittee; Member, Dispute Prevention Committee; Member, Mediation Committee. American Bar Association -- Dispute Resolution Section; International Law Section, International Mediation Committee; Securitization and Structured Finance Committee. United States Council for International Business -- Arbitration Committee. International Arbitration Club of New York.

Panelist, Cross-Cultural Mediation: Mediators' Perspectives, New York State Bar Association, March 2026. Panelist, Use of AI in Mediation, New York State Bar Association and AAA-ICDR, February 2024.Panelist NYSBA -AAA-ICDR Successful Approaches to Advancing Careers in Arbitration March 2024.Panelist, Tough Calls and Recurrent Issues in Arbitration, New York State Bar Association, December 2022. Moderator, Dispute Avoidance Prevention and Resolution Toolbox for Cross-border Agreements, New York Law School, November 2022. LIBOR 1969-2021:. Panelist, NYSBA -AAA-ICDR Starting an ADR Practice Jan 2023 Speaker,” Why Mediate When You Can Litigate?” 42d Annual Housing Conf. of NY Council of Coops and Condos, Nov.2022 “LIBOR 1967-2021 ? Questions Raised by LIBOR’s Demise” Mélanges in Honor of Prof. Storck (2021)

Hourly Rate: $850.00 Daily Rate: Not provided Study Rate: $850.00/hr Cancellation: Not provided Cancellation Period: Not provided Comment: Compensation rates, established by the AAA, are set forth in the applicable Consumer Mediation Procedures.

English; French; German

France

New York, New York