Sheldon Elsen, Esq.

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

Locations

Available nationwide
Financial Markets

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, Best Lawyers in New York and Super Lawyers.

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., The Netherlands, 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. Appointed by New York Governor as Chief Counsel in Investigation of Municipal Bond Issues during NY fiscal crisis.
  • 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

  • Financial Markets
    • On arbitration panel to resolve $350 Million dispute arising out of 2008 financial crisis
    • An arbitrator to resolve multi-million dollar dispute involving credit support by major French bank for a Portuguese-UK hedge fund
    • Chief Counsel of prosecutorial team for six-month SDNY Trial about sales of unregistered stock
    • Defense counsel in four-month SDNY trial about allegedly false public filings by publicly-traded US company and its European subsidiaries
    • Defense counsel in four week jury trial about alleged Williams Act violations (tender offer and 130 filings)
    • Counsel to debtor in possession for NYSE Company in Chapter XI, SDNY and billion-dollar lawsuit growing out of leveraged buy-out
    • Mediation between two companies over sub-prime mortgage lending
    • Arbitrator in dispute about valuation of Brazilian real estate
    • On amicus brief for NY City Bar in Central Bank of Denver vs. First Interstate Bank, 511 U.S.164 (1994)
    • Sole arbitrator in two disputes over investment banking fees
  • 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 a major brewery and one of its distributors, at which a business was at stake
  • Mediated cases arising from disputes between firms’ 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
  • Arbitrated a $20 million dispute between a Big Four accounting firm and a federal agency represented by the Justice Department
  • 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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