Robert B. Davidson, Esq., FCIArb

T: 212-751-2700
F: 212-751-4099
Securities
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.

Mr. Davidson has substantial experience in the arbitration and litigation of securities and banking disputes, including Section 10(b) and Rule 10b-5 litigation, disputes involving public and private offerings, actions involving hedge funds and the trading of swaps and derivatives, and customer claims. He acts frequently as an arbitrator in such disputes, and was one of five individuals recently appointed by the U.S. Bankruptcy Court in the Southern District to mediate and/or arbitrate the contested unsecured claims arising out of the Gruntal & Co. bankruptcy.

Representative Arbitrations

  • Major investment bank v. Major investment bank, action involving disputed trade of credit default swap
  • Asian investment company v. Entrepreneur, action on promissory note executed by seller of internet business (SINA model structure)
  • Appointed by the U.S. Bankruptcy Court as mediator and/or arbitrator of disputes arising out of GCO Securities, LLC proceeding (Gruntal & Co.)
  • Hedge fund investor v. Investment fund manager, action for fraud in the inducement and failure to follow promised investment strategy
  • 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
  • Several NASD cases involving allegations of unauthorized trading, churning, unsuitability, and related claims (member of the NASD panel of arbitrators)
  • U.S. options exchanges v. Information vendor, action by options exchanges for alleged breach of vendor agreement relating to dissemination of options quotations

Representative Mediations

  • Claim by terminated merchant banker for carried interests in several transactions
  • Claim by terminated investment banker involving correct calculation of carried interest under complex formula
  • Claims by various investment bankers for stock in prior employers under applicable vesting rules
  • Fraud and 10(b) claims by buyers of stock in private offering when offeror restated financials shortly after the purchase

Supplementary Matters

  • Securities cases and arbitrations in which Mr. Davidson acted as counsel to a party:

    • Brokerage houses v. Marine Midland Bank, action by brokers against custody and paying agent for price of securities ordered by defaulting customer
    • Investment group (gaming enterprise) v. Cruise operator, interpretative dispute over operation of anti-dilution provision in stock purchase agreement
    • U.S. insurance company v. Departing executive-owner, stock valuation for purpose of executive buyout (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
    • Seller of Polish fixed line telephone business v. Defaulting buyer, dispute over buyer's repudiation of agreement to purchase stock of privately held company; counterclaims for fraud asserted
    • Seller of international business v. Defaulting buyer, dispute over buyer's repudiation of stock sale; counterclaims asserted for fraud in the presentation of financial information during due diligence
    • Prosecuted and defended numerous security fraud cases involving Section 10(b) and Rule 10b-5 claims and state securities fraud claims
    • Defended alleged securities fraud claims arising from internet activity
    • Counsel to accused parties in several investigations involving “rogue” trading, and alleged violations of Federal Reserve regulations
    • Counsel for claimants in eleven arbitrations at the Iran – U.S. Claim Tribunal; claims involved the valuation of stock and 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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