Robert B. Davidson, Esq., FCIArb

T: 212-751-2700
F: 212-751-4099
Insurance
Robert B. Davidson, Esq., FCIArb is a retired senior litigation partner at a major international law firm and a highly respected arbitration professional with significant complex commercial litigation and arbitration experience, Mr. Davidson is Executive Director of JAMS Arbitration Practice.

A significant amount of Mr. Davidson’s prior practice involved the representation of both insureds and insurers in various coverage disputes. He and his firm represented several major reinsurers, as well as industry captives (Nuclear Mutual Limited (NML) and Nuclear Excess Insurance Limited (NEIL) to name two). Coverage issues relating, for example, to the definition of “insured peril," “loss” or “occurrence” and the applicability of various deductibles and exclusions were routinely briefed and arbitrated. Mr. Davidson also represented insureds, including a major banking institution, in a series of claims arising out of two credit risk insurance policies that insured the repayment of loans made to sovereign borrowers. Mr. Davidson also represented clients in various matters involving excess and reinsurance, D&O coverage and related underlying claims.

Representative Mediations

  • Claim against surety for failure to pay construction performance bond
  • E&O coverage dispute involving claim against agent for conversion of premiums
  • Insurer’s claim against agent for failure to remit premium; counterclaim for alleged improper rating
  • Claim against property insurer for losses sustained due to September 11th attack (defenses based on “intermediary’s” alleged lack of authority to increase insurer’s limits) 
  • Claim by insured against primary insurer and broker for failure to notify excess insurers of significant loss
  • Claim by primary insurers, as assignees of their insured owner, against the insurer for a contractor who had disclaimed coverage
  • Claims by beneficiaries of STOLI policies against life insurance company; claims of fraud in the applications
  • Claim by food company against insurer on policy relating to product recalls
  • Claim by injured plaintiffs against product liability insurer for personal injury arising out of defective toys (product liability)

Representative Arbitrations

  • Prof. Basketball Club v. Insurer (action for coverage for injured player; Chair of panel)
  • U.S. corp. v. Bermuda excess insurer (coverage issues relating to losses sustained in securities class action litigation; party-appointed arbitrator for the insured, London venue)
  • Insured-educational institutions v. D&O Insurer (for costs incurred in defense of arbitrations brought by former students; defense based on exclusion for "professional services") (Chair of panel)
  • U.S. corp. v. U.K. insurer (coverage issue relating to product recall insurance; Chair of panel)
  • U.S. insurer v. Insured, action brought by insurer to recover damages for insured's alleged impairment of subrogation rights (sole arbitrator)
  • 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) (sole arbitrator)
  • Arbitration between broker and excess insurer to allocate losses paid to insured under first party property and casualty policy (Chair of panel)
  • Arbitration brought by insured against insurer on a Fiscal Event Insurance Policy insuring against the risk of loss of tax deductions for premiums paid on life insurance policies purchased by corporate insured
  • Arbitration brought by insured against property and casualty insurer for property losses caused by explosion at oil refinery
  • Arbitration brought by insured for recovery of lost business income under so-called Equipment Breakdown endorsement (dispute over, among other things, applicable deductible) (sole arbitrator)
  • Arbitration brought by insured and insurer for declaration of liability and damages arising out of lawsuit against corporate directors; application of various exclusions (director v. director, among others)
  • Arbitration brought to determine allocation between covered and uncovered losses under an executive and organization liability policy
  • Arbitration by insured against excess carrier for failure to pay loss in excess of primary policy limits where primary insurer had paid its limits

Supplementary Matters

  • Arbitrations involving insurance issues in which Mr. Davidson has acted as counsel to a party:

    • London-based bank v. U.S. insurance company, 36 separate arbitrations involving claims disputes and interpretive issues arising out of two credit risk insurance policies
    • U.S. insurance company v. Departing executive-owner, stock valuation for purpose of executive buyout
    • U.S. reinsured v. Offshore reinsurer, reinsurance coverage dispute
    • U.S. auto insurer co. v. Reinsurer, reinsurance coverage dispute involving meaning and effect of coverage “subject to no known or reported losses”
    • Offshore reinsurer v. U.S. reinsured, reinsurance commutation dispute
    • U.S. insurer v. U.S. savings & loan association, applicability of director vs. director exclusion in corporation’s E&O policy

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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