Robert B. Davidson, Esq., FCIArb

T: 212-751-2700
F: 212-751-4099
Arbitration
Robert B. Davidson, Esq., FCIArb, the Executive Director of JAMS Arbitration Practice, has over 30 years of significant litigation and arbitration experience. He has served as arbitrator or acted as counsel in the following JAMS, AAA, ICDR, CPR, FINRA (formerly NASD), ICC, CIETAC (China), HKIAC (Hong Kong), ad hoc, and other proceedings.

Representative Arbitrations

  • Acquirer of international business v. Seller (determination of tax allocations in accordance with terms of acquisition agreement)
  • Acquirer of international business v. Seller (proper allocation of tax liabilities among three parties created by two spin-off transactions)
  • American Horse Show Assoc. v. Trainers and Owner of Show Horse, action by U.S. equestrian sanctioning body against trainers and owner of show horse for alleged administration of forbidden substance
  • Bankruptcy Trustee of defunct reseller of telephone services (buyer) v. former owners of cellular reseller (seller), action by buyer of cellular reseller for damages for undisclosed "material adverse effect" that occurred prior to closing of acquisition
  • Business breakup, dispute relating to the termination of business involved in purchasing insolvency claims
  • Buyer of international construction business v. Seller, post-closing adjustments due in connection with sale of business (party-appointed arbitrator for the seller)
  • Charter dispute between owner and vessel charterer
  • East Asian buyer v. U.S. seller (action by buyer of chemicals for losses incurred arising out of seller's chartering of allegedly unseaworthy vessel)
  • Entertainment management co. v. County Executive of Nassau County, New York, dispute over costs of repair or replacement of Theme Tower at Nassau Coliseum
  • Former General Counsel of dot.com company vs. former employer, action for gross-up on loan forgiveness; counterclaim relating to alleged breaches of fiduciary duties
  • Franchiser v. Fast food franchisee, alleged breach of franchise agreement
  • General contractor, as assignee of Owner v. design engineers, for delay and negligence in design of cogeneration plant (party-appointed arbitrator for the general contractor)
  • Home fashion company et al. v. Long, action by terminated shareholder/executive against company and remaining officers for breach of agreement
  • Investment bank and affiliates v. Owners of Argentinean business, action for alleged breach of contract to capitalize business (ICC Rules)
  • Investment banker v. former employer, action by investment banker for bonus based on contractual formula
  • Investor in private hedge fund v. Investment manager, fraud and failure to disclose
  • Investor v. Broker, unsuitability and churning
  • Investor v. Broker, unsuitability and violation of NASD (now FINRA) Rule 2330(f)
  • Limited partners v. General partner, action by limited partners against general partner of four real estate partnerships owning residential and commercial properties in New York City
  • Major U.S. Company v. U.K. joint venture partner (dispute over performance of joint venture agreements relating to marine container business)
  • Major university v. Investors in technology (dispute arising out of technology funding agreement)
  • Metals seller v. Buyer, action for interest alleged to be due on unpaid invoices
  • New York landlord v. Commercial tenant, dispute over interpretation of wage escalation clause in commercial lease
  • New York stock brokerage house v. Individual, action relating to allegedly unauthorized sale of securities
  • Oil Exploration Company v. Oil Exploration Company (action for reversal of dilution of share interest in joint venture)
  • Oil trading company v. Agent for sovereign buyer (alleged breach of contract for sale of fuel oil)
  • Owner v. General contractor, for delay and negligence arising out of construction of cogeneration plant at Kennedy Airport (party-appointed arbitrated for the Owner)
  • Philadelphia importer v. Chilean grower (dispute involving alleged breach of contract for the sale of Chilean grapes)
  • Private equity fund v. Placement agent (alleged breach of engagement to obtain investors)
  • Purchaser of chemical plant v. Seller of plant (action for fraud and rescission due to seller's alleged participation in scheme to inflate price of manufactured product)
  • Seller of interest in minor league baseball team v. Buyer, action for compensation allegedly due
  • Shareholders of closely-held company v. terminated employee/shareholder, action by existing shareholders to compel buyout of terminated employee/shareholder's equity interest
  • Shoe seller v. Asian sales agent (alleged breach of contract to arrange for manufacture of shoes)
  • Software manufacturer v. former shareholder/employee, action to enforce restrictive covenant; party-appointed arbitrator for the company
  • Taxi media company v. Fleet owners, dispute over alleged breach of sales agreement
  • U.S. insurer v. Insured, action brought by insurer to recover damages for insured's alleged impairment of subrogation rights
  • U.S. insurer v. Insured, action by insurer for premiums allegedly due
  • U.S. insurer v. U.K. insured (action to interpret political risk insurance policy)
  • U.S. options exchanges v. Information vendor, action by options Exchanges for alleged breach of vendor agreement relating to dissemination of options quotations

Supplementary Matters

  • Mr. Davidson has acted as counsel for one of the parties in the following ad hoc arbitrations:
    • Investment group (gaming enterprise) v. Cruise operator, interpretative dispute over operation of anti-dilution provision in stock purchase agreement
    • Major U.S. defense contractor v. Kuwaiti sales agent, action against former Kuwaiti sales agent/representative for monies due (UNCITRAL Rules)
    • Offshore reinsurer v. U.S. reinsured, reinsurance commutation dispute
    • U.S. auto insurance co. v. Reinsurer, reinsurance coverage dispute
    • U.S. insurer v. U.S. savings & loan association, applicability of director vs. director exclusion in corporation’s E&O policy
    • U.S. reinsured v. Offshore reinsurer, reinsurance coverage dispute

 

  • Mr. Davidson has acted as counsel for one of the parties in the following AAA arbitrations:
    • Caithness Geothermal 1980 Ltd. et al. v. California Energy Company et al., breach of joint venture agreements — AAA Commercial Rules (New York)
    • Canadian wheat seller v. Italian pasta manufacturer, breach of contract for the sale of wheat (New York--NAEGA Rules)
    • Editoriale Giorgio Mondadori, S.p.A. v. Conde Nast Publications, Inc., action by licensee for wrongful termination of license to publish Italian edition of Architectural Digest magazine
    • Ernst & Co. et al. v. Marine Midland Bank, action by brokers against custody and paying agent for price of securities ordered by defaulting customer
    • European distributors of “stents” and related medical products v. U.S. manufacturer, action by European distributor and subsidiary distributors against U.S. manufacturer for breach of distribution agreements related to medical products
    • Individual sellers of garment manufacturing business v. Buyer, action by sellers of business for payment of acquisition notes and various indemnification claims by buyers
    • London-based bank v. U.S. insurance company, 36 separate arbitrations involving claims disputes and interpretive issues arising out of a credit risk insurance policy — AAA Commercial Rules (New York)
    • Manufacturer’s representative v. Garment manufacturer, breach of representation contract for the sale of garments (New York)
    • New York resident v. Real estate holding corporation, New York--stock valuation for purpose of mandatory buyout of deceased stockholder
    • New York restaurant operator v. Landlord, lease extension valuation (New York)
    • New York-based investment advisor v. chip manufacturer, action by investment advisor for compensation due under engagement letter
    • Richard Blumberg, as receiver for Accurate Calculator Corp. v. T.E.A.L., breach of contract for sale of goods (New York)
    • Shareholder v. Co-owners of family business, action by dissident shareholder of closely held corporation to exercise certain option rights in Canadian company
    • U.S. insurance company v. Departing executive-owner, stock valuation for purpose of executive buyout (New York)
    • U.S. software company v. French sales agent, termination of agent and action for amount owed (New York)
    • U.S. vegetable oil trading company v. Japanese-based seller, breach of contract for the sale of Tung Oil (San Francisco--Tung Oil Association Rules)
    • Uganda Coffee Marketing Board v. Companie Agricole, etc., breach of contract for the sale of coffee (New York--Green Coffee Association Rules)
    • Steelmill v. Coal mine owner, breach of long-term supply contract for the purchase and sale of coal

 

  • Mr. Davidson has acted as counsel for one of the parties in the following ICC arbitrations:
    • Israeli heavy truck distributor v. U.S. truck manufacturer, termination of truck distributorship in Israel (New York)
    • Licensor of machinery technology v. Brazilian licensee, dispute involving attempted termination of technology license agreement (New York)
    • Major U.S. offshore drilling contractor v. Iranian state-owned oil company, appropriation or conversion of assets located offshore Iran (Paris)
    • Major U.S. onshore drilling contractor v. Algerian state-owned oil company, breach of joint venture agreement; valuation of drilling equipment located in Algeria (Basel)
    • Sperry International Trade v. Ministry of War of the Government of Israel, construction contract; special counsel relating to obtaining of provisional remedy in aid of arbitration. See Sperry Int’l. Trade v. Government of Israel, 689 F.2d 302 (2d Cir. 1982)
    • Telecom holding company v. Purchaser of Polish local telephone operator, action for specific performance and damages by seller of fixed line wireless telephone business in Poland (London)
    • U.S. telephone manufacturer v. Argentinean distributor, termination of Argentinean distributorship for sale of telephone systems (Port of Spain)

 

  • Mr. Davidson has acted as lead counsel for U.S. claimants in the following arbitrations formerly pending before the Iran-U.S. Claims Tribunal (IUSCT) (UNCITRAL Arbitration Rules):
    • Geo. J. Meyer Manufacturing Division of Figgie International, Inc. v. Zam Zam Bottling Co., Claim No. 299, Chamber 1; Award on Agreed Terms, Award No. 178-299-1 (23 May 1985) (payment for dishonored drafts accepted by expropriated Iranian company)
    • Houston Contracting Company v. National Iranian Oil Co.
      Award No. 378-173-3 (22 July 1988) (Award of over $22 million for breach of pipeline construction contracts and expropriation of assets)
    • Procon International, Inc. v. The Islamic Republic of Iran, National Iranian Oil Company, et al. Claim No. 436, Chamber 1; Award on Agreed Terms, Award No. 130-436-1 (6 June 1984) (breach of services contract)
    • Reading & Bates Corporation, et al. v. National Iranian Oil Co., Claim No. 28, Chamber l; Award on Agreed Terms, Award No. 95-28-1 (19 December 1983) (expropriation of offshore drilling rig and breach of drilling contract)
    • Reading & Bates Exploration Co. and Irano-Reading & Bates S.S.K. v. National Iranian Oil Co., Claim No. 29, Chamber 1; Award on Agreed Terms, Award No. 513-29-1 (21 June 1991) (same)
    • Sedco, Inc., et al. v. Iran Marine Industrial Co., et al.
      Award No. 419-128/129-2 (30 March 1989) (Award of over $28 million in compensation for expropriation of shipyard)
    • Sedco, Inc., etc. v. National Iranian Oil Co., et al.
      Award No. ITL 55-129-3 (28 October 1985);
      Award No. ITL 59-129-3 (27 March 1986); and
      Award No. 309-129-3 (7 July 1987) (Award of over $116 million, the largest award as of that date from the Tribunal, in compensation for breach of drilling contracts and expropriation of assets)
    • Tidewater, Inc. and Tidewater Marine Services, Inc., et al. v. National Iranian Oil Co., et al. Claim No. 176, Chamber 1; Award on Agreed Terms, Award No. 188-176-2 (6 September 1985) (breach of services agreement)
    • Tidewater, Inc., et al. v. National Iranian Oil Co., et al. Claim No. 175, Chamber 2; Award on Agreed Terms, Award No. 199-175-2 (14 November 1985) (same)

 

  • Mr. Davidson has acted as trial counsel or advisory for U.S. claimants in the following IUSCT arbitrations:
    • Arthur Young & Co. v. Islamic Republic of Iran, et al. Claim No. 484, Chamber l
    • H.A. Spalding & Co. v. Ministry of Transportation and Roads of the Islamic Republic of Iran, Award No. 212-437-3 (24 February 1986)

Honors, Memberships, and Professional Activities

  • Best Lawyers in America 2018 New York City Arbitration "Lawyer of the Year"
  • Listed in The Best Lawyers in America, in the practice areas of Arbitration and International Arbitration - Commercial, since 2016
  • Listed as one of the Leading International Arbitrators in the Chambers USA Guides (Tier 1), 2010-2017
  • Listed under International Arbitration in Chambers USA America’s Leading Lawyers for Business
  • Listed in Who's Who Legal, in the practice area of Mediation, 2016-2018
  • Fellow, Chartered Institute of Arbitrators
  • Listed as a New York Super Lawyer for alternative dispute resolution since 2006
  • Listed as one of the world's leading commercial arbitrators in Who's Who Legal: Arbitration
  • Listed in the Commercial Arbitration Expert Guide 
  • Advisory Board, Institute for Transnational Arbitration
  • Listed in various Marquis Who’s Who publications, incl. Who’s Who in the World, in America, and in American Law; Cambridge Who's Who; “AV Preeminent” rating from Martindale Hubbell; recipient in 2017 of the Marquis Who's Who Lifetime Achievement Award
  • Past Chair, Committee on Arbitration, New York City Bar Association; Member, In-House/Outside Litigation Counsel Committee; member of NYCBA Committee on International Commercial Disputes
  • Fellow and Past Board Member, College of Commercial Arbitrators
  • Fellow, American Bar Foundation
  • Member, International Arbitration Club of New York 
  • Member, Maritime Law Association of the United States (since 1979)
  • Member, IBA 
  • Member, American Bar Association and its Sections on Dispute Resolution and International Law
  • Member, New York State Bar Association and its Committee on International Commercial Arbitration
  • Panel Memberships: JAMS panel; HKIAC (Hong Kong International Arbitration Centre) arbitrator and mediator panels; CPR New York, and Cross-Border Panels; ICC arbitrator panel; CIETAC (China) Arbitrator Panel; Beijing Arbitration Commission (BAC) panel of arbitrators; Netherlands Arbitration Institute panel; panel of mediators for the Bankruptcy Court for the Southern District of New York; panel of arbitrators, Kuala Lumpur Regional Centre for Arbitration 
  • Regularly sit as arbitrator in AAA, ICDR, ICC, JAMS, CPR, ad hoc, LCIA, HKIAC (Hong Kong), CIETAC and NAI (Netherlands Arbitration Institute) arbitrations
  • Chair, final argument, Vis Moot Court competition, Vienna (2008)
  • Member, Inter-Pacific Bar Association and its Dispute Resolution Committee
  • Member, ICC Task Force on Reducing Time and Cost in International Arbitration
  • Member, CEDR Task Force on Settlement in International Arbitration
  • Published articles have appeared in legal publications throughout the country including, among others, the New York Law Journal, The National Law Journal, Middle East Executive Reports, Metropolitan Corporate Counsel, World Arbitration and Mediation Report, The American Review of International Arbitration, and Mealey's International Arbitration Report 
  • Contributing author to The Leading Arbitrators' Guide to International Arbitration, 3d ed. (Juris Pub. 2014); all three editions of the College of Commercial Arbitrators’ Guide to Best Practices in Commercial Arbitration, (Juris Pub. 2006, 2010 and 2013); two editions of the Practitioner’s Handbook on International Arbitration and Mediation, 2d and 3d Eds. (Juris Pub. 2007 and 2012) (Chapters on International Mediation); and two editions of International Arbitration Checklists, (Juris Pub. 2003 and 2009)
  • Frequent lecturer to bar associations and CLE programs on arbitration topics. Guest lecturer on international and other legal topics at University of Georgia Law School, Fordham Law School, Columbia Law School, Yale Law School, Brooklyn Law School, Cardozo School of Law, New York Law School, and Pace Law School

Background and Education

  • Retired Partner, Baker & McKenzie, (Partner 1979-2003; Associate 1972-1979), former co-head of the litigation department in New York
  • Significant experience in commercial contract and shareholder disputes, including post-closing adjustment disputes, valuation exercises, and the like; regularly act in securities, insurance, licensing, joint venture, construction, and IP arbitrations and mediations 
  • Admitted to the Bar of the State of New York in January of 1973; although practicing ADR full time, still a member of the Bars of the United States District Courts for the Southern and Eastern Districts of New York, the United States Tax Court, and various of the United States Courts of Appeal
  • Former Director of The Wall Street Fund (a mutual fund)
  • Peace Corps Volunteer (Philippines), 1968-1970
  • J.D., Columbia School of Law, 1972 (Harlan Fiske Stone Scholar)
  • B.S., in Economics, cum laude, The Wharton School of Finance and Commerce, University of Pennsylvania

Languages
  • English

Specializations
  • IP (patents, trademarks, pharmaceutical and other licensing disputes)
  • Corporate transactions (disputes under SPA and APA agreements; M&A disputes)
  • Contracts (construction, sales of goods, distributorship agreements)
  • Insurance and reinsurance disputes
  • Finance and investment (hedge fund disputes; investment issues involving CDOs or CLOs, swaps, etc.)
  • Bankruptcy claims
  • Employment disputes

Disclaimer

This page is for general information purposes.  JAMS makes no representations or warranties regarding its accuracy or completeness.  Interested persons should conduct their own research regarding information on this website before deciding to use JAMS, including investigation and research of JAMS neutrals. See More

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