Robert B. Davidson, Esq., FCIArb

T: 212-751-2700
F: 212-751-4099
Intellectual Property

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. His IP experience as a litigator includes the trial of two Markman hearings and the representation of other clients in patent related claims. He has acted as sole arbitrator of a patent infringement claim (validity and infringement) and as an arbitrator in additional cases in which patent rights or claims were at issue. He has mediated patent and trademark disputes relating to proprietary software, electric toys and clothing, and has also mediated music copyright infringement disputes.  

Representative Matters

  • Acted as sole arbitrator in patent infringement arbitration (validity and infringement) involving a process used in the automotive industry. The matter arose out of a private agreement between competitors to arbitrate future patent disputes in accordance with detailed procedural stipulation (ad hoc arbitration using AAA Patent Arbitration Rules)
  • Chair of panel involving alleged breach of license agreement brought by inventor against pharmaceutical company; allegations were that licensee either failed to exploit the invention as promised or abandoned the promised commercialization (ICDR Rules)
  • Party-appointed arbitrator on Tribunal involving alleged breach of license agreement between European drug company and U.S. pharmaceutical company; allegations that licensee failed to engage in good clinical practices in attempts to obtain drug approval by U.S. and European regulators; Netherlands Arbitration Institute Rules
  • Party-appointed arbitrator in dispute involving alleged breach of license agreement under which a U.S. pharmaceutical company licensed a drug to a Japanese licensee who agreed to perform the needed testing and to obtain approval for the marketing of the pharmaceutical in Japan
  • Chair of ICDR panel involving dispute over a license agreement between a pharmaceutical company-licensor and a large European pharmaceutical company-licensee that agreed to obtain FDA approval for the marketing of the pharmaceutical in the United States. Licensor alleged breach by reason of the licensee's alleged failure to conduct Phase 3 trial properly
  • Chair of panel involving dispute over license agreement between Swedish patent holder and U.S. company involving alleged breach of contract to seek U.S. agency approval and then purchase of devices used to secure ocean-going shipping containers (CPR Non-Administered Rules)
  • When in practice, acted as trial counsel in two Markman hearings, one relating to a patent for a means of connecting a two-piece brushgear used in direct current electric motors, and another involving a patent for the delivery of audio and video signals via a hybrid fiber optic- coaxial cable network; also represented holder of patent for a configuration of satellites in geostationary orbits used for the continuous transmission of radio signals.

Honors, Memberships, and Professional Activities

  • Silicon Valley Arbitration and Mediation Center, 2018 List of the World’s Leading Technology Neutrals
  • 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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