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Michael Young

Michael D. Young, Esq.

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George Cuervos
T: 212-607-2789
F: 212-751-4099
620 Eighth Avenue, 34th Floor, New York, NY 10018

Mr. Young has conducted over 250 arbitrations, appraisals, or other binding dispute resolution proceedings in the United States and abroad. He is an elected fellow of the College of Commercial Arbitrators, and a member of the panels of multiple arbitral organizations. In addition, Mr. Young has served as: a mediator/arbitrator in various types of disputes, most of which were resolved during the mediation phase of the process; a neutral evaluator in non-binding evaluations of various types of claims; an "arbitrator" in mock arbitrations conducted by one of the parties to a case; and a discovery master in complex arbitrations in which he was not the arbitrator.

Although he is a full-time JAMS neutral, Mr. Young also regularly serves on AAA, ICDR, ICC, and other arbitral organization panels as either a party-appointed arbitrator or the chairperson. (Such service is coordinated through JAMS.) He is a member of the panel of arbitrators or neutrals of JAMS International, the Beijing Arbitration Commission, CPR International Institute for Conflict Prevention and Resolution, Singapore International Mediation Center, Afghanistan Centre for Commercial Dispute Resolution and the Center for Arbitration and Dispute Resolution in Israel.

Mr. Young specializes in the resolution of commercial, financial services and insurance coverage disputes, and has also conducted multiple arbitrations relating to construction, intellectual property, employment, and professional liability matters and issues.

In validation of Mr. Young's careful and balanced approach to arbitration, Justice Alice Schlesinger (N.Y.S. Supreme Court, N.Y. County), in confirming an award issued by Mr. Young in a complex "finder's fee" dispute arising from a cross-border commercial real estate investment, stated the following on the record:  "... Because in what I would characterize as Mr. Young's thoughtful and well-reasoned award ... Also because of the way in which Mr. Young handled this whole process in a truly conscientious way ... So, I find that this was a really serious attempt to do the legal thing as well as the right thing…."

Since joining JAMS in 1989, he has also conducted over 1,500 complex or multi-party mediations in over thirty states and abroad, and has been appointed as a mediator or special master (for discovery management or settlement implementation purposes) by various federal, state and bankruptcy courts.

Mr. Young has been recognized by various publications and members of the legal community in New York, and more broadly, as a skilled and widely respected mediator and arbitrator. For example, in 2017, Chambers and Partners identified Mr. Young as one of the seven mediators in the United States recognized in Band One and noted “his deft, subtle handling of mediations…”

Representative Arbitrations

  • Chairperson of a three-arbitrator panel in a reinsurance dispute and chairperson or Umpire in multiple insurance coverage disputes
  • Chairperson of a three-arbitrator panel on a fraud-like claim by multiple sellers of private companies into a roll-up against promoter of the roll-up
  • Chairperson of a three-arbitrator panel on a securities law violation claim by a pension fund investor against the issuer of an initial public offering
  • Chairperson of a three-arbitrator tribunal in International Chamber of Commerce proceeding involving a valuation dispute between Korean and Japanese companies
  • Chairperson of a three-arbitrator panel in a dispute between the manufacturer of a medical device and a distributor (conducted under UNCITRAL rules)
  • Chairperson of a three-arbitrator panel in a complex construction dispute regarding the development of the port area of a major city
  • Member of a three-arbitrator panel in a hundred million dollar-plus dispute between the developer and publisher of a popular video game, raising contract, patent and copyright issues
  • Member of multiple three-arbitrator panels hearing claims by individual and institutional investors against financial advisors, including claims arising out of the "meltdown" in 2008-09
  • Member of a three-arbitrator panel in a contract dispute involving a hospital seeking to rescind its agreement to merge into a health care system
  • Member of a three-arbitrator panel in a dispute between a tool manufacturer and one of its distributors
  • Member of a three-arbitrator panel and sole arbitrator in multiple post-acquisition cases involving claims relating to balance-sheet adjustments and violations of "reps and warranties"
  • Member of a three-arbitrator panel in a Library of Congress Copyright Arbitration Royalty Panel ("CARP") proceeding involving the allocation of a $200 million copyright royalty fund among various copyright holder claimant groups
  • Member of three-arbitrator panels in multiple insurance coverage disputes, including one relating to employment practices liability insurance and another arising in the nuclear energy industry
  • Member of a three-arbitrator panel in a contract dispute between American and Japanese telecommunications companies
  • Member of a three-arbitrator tribunal in International Chamber of Commerce proceeding involving a contract dispute between American and Mexican mining companies
  • Member of a three-arbitrator panel in contract dispute between French manufacturer of satellites and American communications company
  • Member of a three-arbitrator panel in contract dispute between developer of wind-farms and corporate investors regarding allocation of profits
  • Non-neutral party-appointed arbitrator in a fee dispute between a law firm and former corporate client
  • Sole arbitrator in breach of contract dispute between manufacturer of airplane landing gear and its supplier following termination of the supplier
  • Sole arbitrator in a collection action brought by a litigation funder against a litigant in which issues of enforceability of the agreement were litigated
  • Sole arbitrator in breach of contract dispute between casino operator and hotel developer regarding termination of the development deal
  • Sole arbitrator in a breach of contract/intellectual property dispute between a charitable event producer and a non-profit foundation
  • Sole arbitrator in a construction dispute between co-venture partners on a subway signals upgrade contract
  • Sole arbitrator in a purported consumer class action matter
  • Sole arbitrator in a valuation dispute between the minority and majority shareholders in a television station
  • Sole arbitrator in an action by a consulting firm to collect on fees allegedly owed to it by a law firm
  • Sole arbitrator in an investment-related dispute brought under the JAMS International Arbitration Rules
  • Sole arbitrator in a contract dispute between a major telecommunications provider and a subcontractor regarding the rights and obligations of the parties when the prime contract is terminated
  • Sole arbitrator in a contract dispute between two natural gas suppliers
  • Sole arbitrator in a dispute regarding the valuation of departing partner's interest in closely held investment banking firm
  • Sole arbitrator in multiple cases involving employment discrimination claims
  • Sole arbitrator in multiple employment contract/severance disputes between executives and their companies
  • Sole arbitrator in a professional liability claim by a Dutch pension fund against the United States-based tax accounting firm that advised it regarding an investment in a real estate investment trust
  • Sole arbitrator in a software contract dispute between American and Israeli companies
  • Sole arbitrator in multiple construction-related matters, including one involving allegations of defective work by a contractor in a large residential project and another involving claims relating to the termination of a sub-contractor on a large industrial project
  • Umpire in various binding property-damage insurance appraisals, including matters arising out of the World Trade Center collapse
Awards
  • Recognized in 2017 and 2016 by Chambers and Partners as one of the seven mediators in the United States in "Band One” and described by Chambers as a “very talented yet very humble” mediator who “enjoys considerable repute as a standout mediator of challenging disputes”
  • Recognized in 2018 by Who's Who Legal in the practice area of Mediation
  • Recognized in 2017 by American Law Media (ALM) as an “ADR Champion.”
  • Recognized since 2014, including 2017, in "International Who's Who In Insurance and Reinsurance" and recognized since 2013, including 2017, as one of the best mediators from around the world in the "International Who's Who in Commercial Mediation," including the following references:” … is recognized for his conciliatory and diplomatic approach to disputes” and "... viewed as 'the king of financial services mediation' according to admiring peers."
  • Recognized since 2006 by various law-related periodicals as one of the "Best Lawyers in America," as a "Super Lawyer," and, by Lawdragon as "One of the Top Neutrals/Private Judges in the U.S."
Memberships
  • Member of College of Commercial Arbitrators and College of Labor & Employment Lawyers (“neutral member”), as well as various U.S. bar associations
  • Lecturer about dispute resolution topics at programs conducted by the American Bar Association, College of Commercial Arbitrators, American Corporate Counsel Association, CPR Institute for Dispute Resolution, and American Law Institute
  • Various articles published in New York Law Journal, National Law Journal, Mealey’s Emerging Securities Litigation, Cardozo Law School Dispute Resolution Journal and Metropolitan Corporate Counsel regarding dispute resolution topics
  • Between 1978 and 1989, practiced as a litigator in both public and private sectors
  • J.D., cum laude, Harvard Law School, 1978
  • A.B., with honors, Brown University, 1975

Counsel Comments

    • In confirming an award issued by Mr. Young in a complex “finder’s fee” dispute arising from a cross-border commercial real estate investment, Justice Alice Schlesinger (N.Y.S. Supreme Court, N.Y. County) stated the following on the record:  “... Because in what I would characterize as Mr. Young’s thoughtful and well-reasoned award... Also because of the way in which Mr. Young handled this whole process in a truly conscientious way ... So, I find that this was a really serious attempt to do the legal thing as well as the right thing...”
    • "Indeed, throughout the (very) long day, [he] remained a constant beacon of coolness. [His] thoughtful, kind demeanor was key in developing a rapport with my client, who was sensitive to the issues she was discussing. [He] gently prodded her, challenged her, and at times honestly agreed with her, all the while building up a level of trust.  At the end of the day, she had immense trust in [him] and [his] judgment. Most of all, [he was] well prepared in respect of the facts and legal issues, and challenged all sides to see things in a clearer, objective light. This helped bridge differences. Ultimately, and on several occasions, [he was] able to pull us all back from the abyss."
    • "Michael Young was knowledgeable, prepared, assiduous, and persistent ... He didn't introduce his personality into the mediation, but separate and apart from that he was a friendly and engaging person. Besides that, he is ... always prepared to help outside the time that is allotted for the case."
    • "First of all, he's very smart, very fair, really a straight shooter. Understands the tougher issues and can give an experienced evaluative opinion -- only after he's listened for at least half the session or at least he's absorbed the key issues. His persistence is amazing."
    • "He's engaging, yet calm and professional. He is confident in his ability to solve cases and interacts well with different personalities."
    • "His settlements are the result of his (a) hard work in preparing for the mediation; (b) intelligence and ability to grasp quickly not just the core issues in dispute, but also the nuances of complex matters that must be addressed to achieve a workable solution; and (c) his enormous patience in dealing non-stop and effectively with the attorneys and parties involved."
    • "Michael is not afraid to tell the parties what he thinks about any given position or claim they are making, yet will follow the party's lead as to what information is to be communicated to the adversary."
    • "He never knocks heads together, but he will present an evaluative position. He knows when the parties need to call it a day, and will follow-up to resolve final points after a few days to think things through."
    • "Michael has a way of keeping the door open. ... Michael will make sure the lines of communication are still open and the parties are trying."
    • "Michael is a genuinely nice guy. People like to be around other people whom they like -- especially someone you have to spend hours with and in a high stakes situation."

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