Robert B. Davidson, Esq., FCIArb

T: 212-751-2700
F: 212-751-4099
Engineering and Construction
Robert B. Davidson, Esq., FCIArb, a retired partner of a major international law firm and the Executive Director of JAMS Arbitration Practice, is now one of the country’s foremost commercial arbitrators and mediators. In over 30 years of practice, Mr. Davidson has litigated or arbitrated almost every type of commercial dispute, before courts and juries in the United States, and abroad before international tribunals. Mr. Davidson has acted in numerous arbitrations as sole arbitrator, as a party-appointed neutral, and as Chair of tripartite panels. He regularly sits in JAMS, CPR, AAA, ICDR, ICC, and ad hoc cases.

Since joining JAMS in 2003, Mr. Davidson has also become a sought-after mediator whose prior practice as a litigator and extensive experience as a neutral in both international and domestic arbitrations has given him a substantive and procedural perspective rarely found in the same individual. As such, he is regularly retained to assist in the mediation of the most complex commercial disputes, both international and domestic.

Representative Mediations

  • Claim against surety for failure to pay performance bond triggered by defaulting carpentry subcontractor
  • Claim by owner-developer against resort property manager for damages arising out of delays allegedly caused by manager’s design and other changes
  • Claim involving indemnification by buyer of company engaged in construction of subway car door mechanism used in the London underground

Representative Arbitrations

  • Chair of Arbitration Panel under CPR Non-Administered Rules involving dispute between former co-venturers under a Collaboration and License Agreement for the design, engineering and marketing of a device to assure the integrity of sea containers entering U.S. ports
  • Chair of ICC Arbitration Panel in dispute by Resort Manager and lessee against Thai landlord for termination of lease of resort property caused by alleged force majeure event
  • Chair of JAMS Arbitration Panel in dispute between Owner and Prime Contractor in dispute involving a direct roll, anneal and pickle (DRAP) line pre-pickling project for the design, fabrication and installation of pre-pickling system to treat stainless steel with various types of acid
  • Chair of JAMS Arbitration Panel in dispute by Owner against Developer of Manhattan commercial property for alleged failure to abide by green standards and other provisions of development agreement
  • Party Appointed Arbitrator for General Contractor, as assignee of Owner in infrastructure dispute against Architect for delay and negligence in design services rendered in connection with construction of cogeneration plant at Kennedy Airport
  • Party Appointed Arbitrator for General Contractor, as assignee of Owner in infrastructure dispute against Design engineer (for delay and negligence in design of facility; party-appointed arbitrator for the general contractor)
  • Sole Arbitrator in dispute by Painting Contractor v. Owner of multiple dwellings for compensation under painting contract

Supplementary Matters

  • Representative construction arbitrations in which Mr. Davidson has acted as counsel to a party:
    • H.A. Spalding & Co. v. Ministry of Transportation and Roads of the Islamic Republic of Iran, IUSCT; Award No. 212-437-3 (24 February 1986) (Claim for payment for road construction)
    • Houston Contracting Company v. National Iranian Oil Co., Iran-U.S. Claims Tribunal ("IUSCT"); Award No. 378-173-3 (22 July 1988) (Award of over $22 million for breach of pipeline construction contracts and expropriation of assets)
    • Sedco Inc. et al. v. Iran Marine Industrial Company, et al.; Award No. 419-128/129-2 (30 March 1989) (Award for expropriation of shipyard; valuation of construction projects, among other assets)

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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