Increasingly, clients are turning to arbitration rather than the courthouse to resolve disputes. If properly managed, arbitration can be an effective alternative to traditional litigation. Jackson Walker’s lawyers maintain comprehensive databases regarding potential arbitrators and are skilled in selecting arbitrators– perhaps the most important task in an arbitration. They are also skilled in managing pre-trial discovery and motions to ensure that arbitration truly is more cost-effective than litigation.
Our trial lawyers are experienced in trying arbitrations and know what will and will not be effective before an arbitrator or panel of arbitrators. Our experience includes construction, securities, intellectual property, energy, antitrust, financial institutions, healthcare, consumer, employment, ERISA, and commercial arbitrations. We have tried arbitrations before virtually every arbitration tribunal, including the ICC International Court of Arbitration, the American Arbitration Association, FINRA, and JAMS. Jackson Walker lawyers have successfully represented clients in arbitrations both within the United States and internationally. Our lawyers are also experienced in compelling arbitration, confirming arbitration awards, and when appropriate, vacating them.
Our lawyers have extensive experience in international dispute resolution. Our attorneys have handled international arbitrations both as counsel and serving as arbitrators in disputes administered by the International Chamber of Commerce Court of Arbitration (ICC), the International Centre for Dispute Resolution (ICDR), the Society of Marine Arbitrators, and the International Board of Rugby, and ad hoc arbitrations using the United Nations Commission on International Trade Law (UNCITRAL) and International Institute for Conflict Prevention & Resolution (CPR) arbitration rules. Such arbitration proceedings have been seated across the globe, including Argentina, The Bahamas, Bolivia, Canada, Guyana, Hong Kong, London, Mexico City, New Zealand, Paris, The Republic of Georgia, Sweden, Singapore, Switzerland, Trinidad and Tobago, and the United States.
Jackson Walker lawyers have received Certifications in Advanced Arbitration (Domestic and International) from the A.A. White Dispute Resolution Center at the University of Houston Law and are fellows and members of the Chartered Institute of Arbitrators, an international professional organization dedicated to the promotion, facilitation, and determination of disputes by arbitration, mediation, and conciliation.
Many of our lawyers are proficient in foreign languages, including Cantonese, Mandarin Chinese, Hindi, French, German, Greek, Indonesian, Italian, Portuguese, Spanish, and Russian, which facilitates the representation of our clients in international arbitrations. Jackson Walker lawyers have particular experience in cross-border transactions with Latin America.
Additionally, Jackson Walker is a founding member of Globalaw™, a worldwide network of law firms with offices throughout the U.S. and in over 160 cities internationally, which provides Jackson Walker with a global network of resources when handling international disputes.
- CDX Holdings Inc. v Heddon, American Arbitration Association. Jackson Walker represented the respondent in an arbitration in which the claimant asserted claims of breach of contract, misappropriation of trade secrets, breach of fiduciary duty, and tortious interference with contract arising from a dispute in the medical services sales industry. Jackson Walker prevailed on the merits after a multi-day arbitration hearing.
- Northwest Airport Management, LP v. Antonio “Tony” Merritt, American Arbitration Association. Jackson Walker represented Northwest Airport Management, LP in an employment dispute with its former employee Antonio “Tony” Merritt in an arbitration hearing. Jackson Walker prevailed on the merits after a multi-day arbitration hearing.
- CyrusOne v Dennis Martin Scheib, American Arbitration Association. Jackson Walker represented CyrusOne against a former employee for breach of fiduciary duty. After a multi-day hearing, the Panel issued an award in favor of CyrusOne ruling that Scheib violated his fiduciary duty to CyrusOne, committed fraud, and awarded CyrusOne damages in the amount of $5,564,560.00; plus exemplary damages in the amount of $5,564,560.00; plus $1,101,989.00 as reasonable fees and expenses.
- Preston Hollow Partners, L.P. v. Northwest Construction Services, L.P., et al., American Arbitration Association. Jackson Walker represented condominium owner-developer in an arbitration involving millions of dollars concerning construction defect and delay damage claims against dozens of parties. A very favorable settlement was obtained for the client prior to the final hearing.
- In the Matter of the Arbitration Between Amphenol Corporation and Michael Roehrs. This arbitration involved a dispute between Amphenol Corporation and our client, Michael Roehrs, over a stock purchase agreement in which Roehrs was to be compensated for Amphenol’s purchase of the shares of a company partially owned by Roehrs based upon the performance of that company after the stock purchase. The parties had filed various claims and counterclaims against each other, with Roehrs seeking payments of amounts he alleged were owed to him and Amphenol seeking return of amounts that it claimed were paid to Roehrs mistakenly. After a three-day arbitration hearing, the arbitration panel awarded Roehrs a substantial portion of the amount he was seeking as additional compensation under the stock purchase agreement.
- Dupar v. Beneficial Texas, Inc., JAMS, Harris County District Court. This matter arose out of a home equity loan. The mortgagor’s wife had not consented to the loan and, as a result, the lender ultimately waived the balance due ($100,000). Nevertheless, the mortgagor sued the lender for $11,500,000, alleging fraud, DTPA and other claims, because of the lack of spousal consent and other alleged constitutional violations. The court ordered the matter to arbitration pursuant to a rider to the mortgage. We argued that the claims were satisfied by the lender’s waiver of the balance due, that the claims were released through a class action complaint in California, that the DTPA did not apply to the lending of money and other defenses. After a one-day hearing, the arbitrator awarded nothing to the plaintiffs and fees to the lender.
- McLellan v. Brinker International Payroll Company, L.P., Jackson Walker successfully defended Brinker International Payroll (Chili’s) in an arbitration brought by a general manager alleging that he was terminated in retaliation for filing a worker’s compensation claim. The arbitration was conducted under the Company’s employee arbitration agreement. The arbitrator determined that the stated reasons for the dismissal were not pretextual and that plaintiff did not show that the Company terminated him in retaliation for filing a worker’s compensation claim.
- First Texas Savings Association v. Financial Interchange, Inc., Jackson Walker served as lead counsel for the plaintiff in this innovative antitrust arbitration, which limited collective fee-setting in automated teller machine networks and authorized terminal owners to impose surcharges on ATM transactions. In connection with this arbitration, the Jackson Walker lead attorney received an award for Significant Achievement in Alternative Dispute Resolution from the Center for Public Resources.
- Represented a U.S. company as claimant in ICDR arbitration seated in Houston, Texas against a foreign oil producer. The dispute involved offshore drilling contracts.
- Represented a Nigerian company as claimant in UNCITRAL arbitration seated in New York applying Dutch law. The dispute involved contracts for an aircraft purchase.
- Represented a Panamanian trading company as respondent in ICC arbitration in Mexico City applying U.S. and Panama law. The dispute involved commodities contracts fraudulently entered by a former employee.
- Represented a Norwegian offshore seismic company as respondent in ICC arbitration in London against a former joint venture partner. The dispute involved contracts for offshore seismic imaging off the western coast of Africa.
- Represented U.S. company as claimant in ICC arbitration in Houston against U.S. oil producer. The dispute involved commissions on the construction of gas processing plants in Kazakhstan.