Ms. Claiborne has arbitrated hundreds of cases since 1991. A neutral with a reputation for fairness and proven ability to manage and adjudicate complex disputes, she has arbitrated a wide variety of cases involving domestic and international business contracts, intellectual property, real estate, construction contracts and defects, and professional liability claims.
As a Fellow in the College of Commercial Arbitrators, Ms. Claiborne is a highly recognized speaker on national and international arbitration issues.
Representative Arbitrations
- Accounting:
- Accounting dispute among patent attorneys regarding payment due to a departing partner under a partnership agreement (sole arbitrator)
- Claim by money manager (“manager of managers”) for fees for managing investments for partnerships, a foundation, and a trust, all part of a large Silicon Valley fortune. Allegations included improper accounting, breach of fiduciary duty, conversion, and entitlement to punitive damages (tripartite)
- Arbitration venued in New York that involved an accounting malpractice case brought by a Liquidation Trust claiming over $100 million in damages arising out of the allegedly negligent audit of an international company in the business of selling televisions; allegations included the failure to discover millions of dollars in fabricated sales to China (tripartite)
- Business:
- Disputes between general partners of a venture capital firm involving claims of breaches of contract and fiduciary duties and alleged damage to reputation (sole arbitrator)
- Arbitration of claim arising out of an incubator relationship with patent-holders for development of a sensor used in medical and other scientific applications; allegations include failure to prepare prototypes and ready the invention for commercialization (sole arbitrator)
- Arbitration of international dispute arising out of a Stock Purchase Agreement between companies in Spain and the U.S. involved in the electronic tolling industry (tripartite; chair)
- Suit by liberal arts college against a hedge fund manager alleging breach of contract, breach of fiduciary duty, and fraud (sole arbitrator)
- Dispute arising out of a contract to install and test an electronic timecard system for a governmental agency (sole arbitrator)
- Dispute between dairy farmers and a large bank regarding allegedly promised financing (tripartite; chair)
- Dispute between manufacturer and distributor of products used in the electronics industry, including claims of breach of contract and antitrust violations (sole arbitrator)
- International case involving a pricing dispute between high tech companies in the U.S. and Israel (sole arbitrator)
- International dispute between U.S. semiconductor manufacturer and Hong Kong distributor for breach of contract, fraud, and unauthorized use of trade secrets (sole arbitrator)
- Mining dispute between a company dredge mining for gold and another mining aggregates from dredge tailings arising out of contracts setting forth the parties' rights on shared property
- Construction:
- Tripartite arbitration of a dispute arising out of a multi-million dollar contract for work related to construction of a deep foundation system for a $1.5 billion mixed-use development in Florida. Handled substantial discovery and pre-trial motion issues, leading to “eve of trial” settlement
- Multi-million dollar claim by contractor and surety against owner for cost overruns and delays, allegedly due to deficient plans and specifications, arising out of construction of a large research facility (tripartite)
- Multi-million dollar delay and cost overrun claims by contractor against owner arising out of a fast-track contract for expansion of wafer fabrication plant (tripartite; chair)
- Multiple construction cases involving claims by developers, owners, general contractors, subcontractors, construction managers, sureties, architects, and engineers arising out of a wide variety of commercial and residential projects
- Multiple cases involving construction defects
- School district’s claims against design team and contractor for delays and cost overruns (sole arbitrator)
- Subcontractor’s claims against general contractor for delays and cost overruns arising out of construction of a $330 million prison facility (sole arbitrator)
- Suit against soils engineers alleging improper compaction of soil at construction of university buildings (sole arbitrator)
- One million dollar claim for fees by architects and counterclaim by developer alleging errors and omissions in the drawings and fee overcharges involving four office buildings in Silicon Valley (sole arbitrator)
- School district’s claim against design team alleging inaccurate and uncoordinated construction drawings and specifications (sole arbitrator)
- Energy:
- Arbitration of claims for oil and gas royalties (sole arbitrator, Baseball arbitration)
- ICC arbitration of dispute between Spanish and U.S. contractors arising out of construction of a 205.8 megawatt single-axis tracker solar power plant including 3.1 million photovoltaic solar modules at the US-Mexico border (tripartite)
- Environmental:
- $20 million claim by golf course owners against an international chemical company arising out of claims for environmental damage after application of an herbicide that became the subject of an EPA Stop Sale Order (sole arbitrator)
- Insurance:
- Arbitration of a multi-million dollar claim by an insurance company underwriting the business of third party administrator of extended warranty plans for consumer electronics (sole arbitrator)
- Intellectual Property:
- Arbitration of claims by large school district arising out of a licensing and services agreement for complex software developed to centralize educational records and track all students and programs (tripartite)
- Dispute arising out of a Stock Purchase Agreement involving the sale of a business that tests integrated circuits and other electronic components for use in high profile applications such as aircraft navigation and braking systems, nuclear control rod systems, and military equipment; allegations against the seller included a failure to disclose defects in the testing software (sole arbitrator)
- Claims of misappropriation of trade secrets, trademark infringement, and breach of contract arising out of licensing agreement between two non-profits serving the developmentally disabled (sole arbitrator)
- Claims by company representing a famous artist against a dealer for payment due and trademark infringement (tripartite)
- Claims for monetary damages and injunctive relief arising out of a licensing agreement for computerized software for dialysis treatment and management (tripartite)
- Claims of breach of contract and misappropriation of trade secrets between a manufacturer of commercial building automation systems and a provider of wireless distribution systems (sole arbitrator)
- Claims of breach of contract, fraud, and return of IP between an internet entertainment company and a provider of web hosting, IP transit, and software development services (tripartite)
- Dispute involving licensing claims to certain worldwide patents for cardiac stents, valued at approximately $4 billion (tripartite; chair)
- International licensing dispute arising out of an agreement regarding a patent for a medical device (tripartite)
- International licensing dispute between Canadian and U.S. companies arising out of an International Marketing Agreement for the manufacture of recreational installations (sole arbitrator)
- Professional Liability:
- Arbitration venued in New York that involved an accounting malpractice case brought by a Liquidation Trust claiming over $100 million in damages arising out of the allegedly negligent audit of an international company in the business of selling televisions. Allegations included the failure to discover millions of dollars in fabricated sales to China (tripartite)
- Dispute between general partner and limited partners involving indemnity for fees and costs arising out of professional liability suit against real estate appraiser (tripartite)
- Sole arbitrator for suit by liberal arts college against a hedge fund manager alleging breach of contract, breach of fiduciary duty, and fraud
- Claim against accountant and large stock brokerage firm for damages due to alleged erroneous advice regarding the tax consequences of donating stock to a charitable foundation (sole arbitrator)
- Claim against a stock broker-dealer and a large brokerage firm for millions of dollars in damages due to alleged mishandling of a large account (tripartite)
- Real Estate:
- Claims by the developer of abalone farm against harbor district alleging district’s breach of a fifty-five year lease caused loss of the business (tripartite; chair)
- Landlord-tenant dispute involving a large commercial property in Silicon Valley involving options to extend lease or purchase property as a tax-free exchange (sole arbitrator)
- Multiple cases involving claims by purchasers of commercial and residential property regarding failure to make full disclosures
- Purchaser of multi-unit residential building sues sellers and brokers for failure to make full disclosures (sole arbitrator)
- Purchaser of upscale residence “as-is” alleges nondisclosure of defects by seller and broker (sole arbitrator)
- Real estate dispute between partners regarding exercise of option to purchase land for the development of over 200 homes (tripartite)
- Ten-million dollar claim arising out of a long-term lease on national historic preservation site (tripartite)
