Sheldon Elsen, Esq.

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

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Available nationwide
Sheldon Elsen, Esq. is well known nationally and internationally for arbitrating and mediating complex commercial matters and international litigation and as counsel in such cases. Throughout the course of his legal career, he has served as an arbitrator in more than 60 cases, including arbitration hearings of business disputes and as a hearing panel chair in arbitration-type hearings for the Appellate Division, First Department, as well as serving as a JAMS arbitrator and mediator. Mr. Elsen was a founder of and partner in Orans Elsen Lupert & Brown LLP; he is listed in Who’s Who in America, Best Lawyers in America, and Best Lawyers in New York.

ADR Experience and Qualifications

Mr. Elsen’s relevant professional experience as an arbitrator, mediator, and litigator includes the following:
  • Complex commercial: handled and arbitrated virtually every kind of commercial dispute, including contracts, financing disputes, a battle for controlling interest of a large public company, and a variety of cases involving Fortune 500 companies, smaller companies, major law firms, broker-dealers, accounting firms, hedge funds, private equity funds, alternative investments, corporate executives, investment advisers, registered representatives, lawyers, accountants, and other individuals
  • International law: extensive experience in transnational disputes, as an arbitrator, mediator, and counsel in the U.S. and abroad involving American companies and individuals, and also many foreign companies and individuals, including those in the U.K., Holland, Israel, Lebanon, France, Monaco, Switzerland, Germany, Greece, Italy, Spain, Malaysia, Singapore, Liberia, Nigeria, and Mexico. Served as Adviser on an international law project of the American Law Institute (“Transnational Principles and Rules of Civil Procedure”).
  • Securities law: Co-chaired ABA task force on securities arbitration and testified before Congress on securities arbitration. Handled securities lawsuits and investigations by the SEC, U.S. Attorney's office, and other investigative bodies, representing both plaintiffs and defendants, in many jurisdictions, both in the courts and in arbitration. Selected by the Association of the Bar of the City of New York as its representative to testify before both the Senate and House Committees of Congress on the Private Securities Litigation Reform Act of 1995 (“PSLRA”), a major overhaul of federal securities law.
  • Foreign languages: fluent in German and has appeared in German courts; fluent in French and has appeared in a Swiss arbitration conducted in French; has a working knowledge of Danish, Italian, Spanish, and Russian
  • JAMS: has served for several years as a JAMS arbitrator and a JAMS mediator, and has arbitrated for the ICC, AAA, ICDR, and in private arbitration

Representative Matters

  • Arbitrated three nuclear power industry disputes with claims for each dispute exceeding $100 million; issues involved insurance coverage for repairs and outages
  • Arbitrated complex commercial cases, including:
    • Multi-million dollar disputes arising in the wake of a worldwide merger and acquisition
    • Disputes between investment bankers and their clients over fees
    • Dispute over Hedge Fund seeding
    • Disputes between a major brewery and one of its distributors, at which a business was at stake
  • Mediated cases arising from disputes between firms over sub-prime mortgage portfolios, insurance for engineer killed in Iraq, insurance for a building near Ground Zero, family business dispute, and dispute over the auction of art works 
  • Arbitrator in international cases:
    • Disputes over indemnities between major European companies involving potential liabilities over $100 million
    • Contract disputes involving Asian, Near Eastern, and U.S. companies, on commodity sales, with over $40 million at stake
    • Dispute between South American companies over stock valuations, with over $10 million at stake
  • Arbitrated a $20 million dispute between a Big Four accounting firm and a federal agency represented by the Justice Department
  • Arbitrating disputes arising out of 2008-10 financial crisis with nine figure amounts at stake 
  • Arbitrated many disputes between and involving lawyers and law firms that included issues involving division of profits, control of clients’ files, and attorney’s fees
  • Appointed as special master by a judge of the Southern District of New York to hold hearings on damages for a large international case
  • Served as arbitrator in court-annexed arbitrations through the federal court of the Eastern District of New York for tort claims
  • Acted as counsel for a party that won a $15 million award in an International Chamber of Commerce case that made law for enforcing arbitral awards
  • Acted as counsel for one of the parties in a private arbitration involving $7 million that took place in Geneva, Switzerland and was conducted in French

Honors, Memberships, and Professional Activities

  • Best Lawyers in America, 2014
  • Fellow, American College of Trial Lawyers
  • Member, American Law Institute
  • Former Vice President, New York City Bar (formerly Association of the Bar of the City of New York)
  • Adjunct Professor of Law, Columbia Law School
  • Chaired Committees on Federal Legislation and Federal Courts, New York City Bar
  • Member, Committee on International Commercial Disputes (NY City Bar) and Arbitration Club of New York
  • Chief Counsel, NYS Moreland Act Commission (during fiscal crisis)
  • Published several articles in law reviews, the legal press, and publications such as Fortune, and frequently served on panels of experts
  • Co-Moderator "Drafting the Perfect ADR Clause for Your Deal" a CLE co-sponsored by JAMS and ACCA-NY
  • Periodically consulted by the media for comments on legal developments

Background and Education

  • Mediator and Arbitrator at JAMS
  • Founder of and Partner in Orans Elsen Lupert & Brown LLP until October 2011
  • Assistant U.S. Attorney, Southern District of New York
  • J.D., Harvard Law School
  • A.M., Harvard University (Woodrow Wilson Fellow and Tutor, Dunster House)
  • A.B., Princeton University (Phi Beta Kappa)
  • US Army Intelligence (in Berlin) and Reserve Officer, Army JAG

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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