Zela ''Zee'' G. Claiborne, Esq.

A full-time dispute resolution professional since 1998, Zee Claiborne has successfully arbitrated and mediated numerous international business disputes in matters such as breaches of contract, patent licensing and royalty disputes, intellectual property, pricing disputes and manufacturing and distribution agreements.

Ms. Claiborne is valued for her ability to handle cross-cultural dynamics and she has worked successfully with clients residing and doing business across the globe.  Her recent cases have included parties from Israel, Turkey, the United Kingdom, Spain, Mexico, Canada, India, China, Taiwan, and Vietnam.

She regularly speaks before professional international ADR organizations on topics such as “Developments in Cross Border Mediation: Vital Guidance in a Changing Environment,” New York Law Journal and JAMS International (New York, 2013); “Using Mediation to Resolve North American Business Disputes,” International Centre for Dispute Resolution (Toronto 2007); “International Mediation/Conciliation,” American Arbitration Association (San Francisco 2004); and “Mediation/Conciliation of International Disputes,” International Chamber of Commerce (ICC) and Canadian Bar Association (Calgary, 2003). Ms. Claiborne is a member of the CPR Panel of Arbitrators and Mediators, including the International Panel and U.S.-China Mediation Panel.

Representative Mediations

• Mediated resolution of dispute between Chinese company supplying agricultural products and U.S. purchaser and distributor
• Mediated resolution of a dispute between joint venture partners from the U.S. and India regarding the development and commercialization of a global M & A database related to the oil and gas industries
• Negotiation between North American and international solar companies involved in building solar photovoltaic facilities generating a total of 700 megawatts regarding terms for sharing rights of way and infrastructure for transmission lines in the U.S.
• Mediated patent infringement case regarding claim by a U.S. company against a semiconductor manufacturer in Taiwan involving a technique for optimizing the operation of core logic chipsets
• Trademark infringement dispute between a publisher of video games and an international designer/manufacturer of military helicopters
• Dispute between one of the world’s largest semiconductor companies based in Switzerland and a California manufacturer of hard drives arising out of a Master Development Agreement and a series of Product Supply Agreements
• Mediated to resolution a dispute between companies in the US and China involving claims of copyright infringement and misappropriation of trade secrets arising out of alleged unauthorized use of a software system used to manage government subsidies
• Claim by a medical clinic in Hawaii against the German seller of a new computer system for failure of performance of new software
• Claim for return of large deposit by Taiwan-based purchaser of a multi-million dollar apartment building in the U.S.
• Dispute between an international semiconductor business and a digital video company arising out of a Tax Sharing Agreement
• Mediated case involving software piracy claims, alleging copyright and trademark infringement, brought by well-known international software company against a distributer
• International dispute involving $15 million in claims by creditors against Asian and U.S. entities that invested in a wafer fabrication plant in Silicon Valley
• Mediated settlement of claim for delays and defects against general contractor brought by Chinese developers of high-tech facility
• Mediation of dispute between international luxury hotel group and developer arising out of profit sharing agreement
• Mediation of legal malpractice claim by a start-up company in Hawaii and some Chinese investors against counsel for failure to adequately protect worldwide patents for a data communication system
• Successful mediation of a dispute over price and quality of food products involving companies in Turkey, the United Kingdom, and the United States
• Mediation of $200 million in claims between a public owner and a joint venture contractor (American and European companies) arising out of a tunneling project for the conveyance system of a wastewater treatment plant

Representative Arbitrations

• 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)
• Selected as chair of a tri-partite ICC arbitration arising out of a Purchase Agreement involving a dispute over which company is responsible for payment of taxes levied by a South American country. Case settled after extensive pre-hearing discussions among the parties.
• 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)
• Arbitration of claims by a US designer and manufacturer of high-end bicycles against a distributor in Norway (sole arbitrator)
• Sole arbitrator for claims of fraud, breach of contract, and unauthorized use of trade secret claims involving semiconductor manufacturer and Hong Kong distributor
• Sole arbitrator for dispute between high tech companies in the U.S. and Israel over pricing on semiconductor manufacturing equipment
• Sole arbitrator for dispute involving claims of breach of Strategic Alliance Agreement to sell products worldwide, including breach of confidentiality agreement and misappropriation of trade secrets, between a Fortune 500 manufacturer-distributor of automation systems and a provider of wireless distribution systems
• 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)
• Sole arbitrator of a dispute arising out of a Stock Purchase Agreement involving the sale of an international 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
• Arbitration involving licensing claims to certain worldwide patents for cardiac stents, valued at approximately $4 billion (tripartite; Chair)
• Sole arbitrator for a licensing dispute between Canadian and U.S. companies arising out of an international marketing agreement regarding recreational installations