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Shelby R. Grubbs, J.D., FCIArb
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Shelby R. Grubbs, J.D., FCIArb

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General Biography
Practice Areas
Business Commercial
Class Action & Mass Tort
Constitutional Law
Construction
Employment/ERISA
Environmental and Energy
Health Care
Insurance
Intellectual Property
International
Maritime & Admiralty Law
Personal Injury, Products Liability, and other Torts
Government/ Public Agency
Honors, Memberships, and Professional Activities
Background and Education

Shelby Grubbs, Esq. joined JAMS in 2020 after nearly 45 years as a litigator. Having worked across a broad spectrum of complex commercial litigation, he draws on extensive experience to resolve—efficiently and expeditiously—even the most challenging cases. Mr. Grubbs serves as an arbitrator, mediator, and court- appointed neutral/special master.  

As an arbitrator, Mr. Grubbs has served in cases administered by JAMS, AAA, the International Centre for Dispute Resolution (ICDR), the International Institute for Conflict Prevention and Resolution (CPR) and the International Court of Arbitration of the International Chamber of Commerce (ICC). H e is also an approved panelist for the World Intellectual Property Organization (WIPO). He has served as mediator, sole arbitrator, panel chair and wing arbitrator. His experience as a court-appointed neutral/special master has included a claim brought by the United States against a major health insurer to recover over $1 billion in Medicare payments, claims alleging fraud, RICO and securities law violations, claims by property owners alleging water pollution, and personal injury claims against state sponsors of terrorism.

In addition to his experience as a neutral, Mr. Grubbs is significantly engaged with the International ADR community and was named International Commercial Arbitration Lawyer of the Year for Atlanta by Best Lawyers in America in 2022. He is currently a member of the ICC Commission on Arbitration and ADR and active with the Arbitration Committee of the U.S. Council on International Business (USCIB). From 2014 to 2017, he was the executive director of the Atlanta Center for International Arbitration and Mediation (ACIAM), a component of the Georgia State University College of Law (GSU). In 2010, he was a founding member of the Atlanta  International Arbitration Society (AtlAS) and remains active as a board member. He has taught international commercial arbitration as a member of the adjunct faculty at GSU, the Emory University School of Law and the Vanderbilt University School of Law. He is co-editor of the AtlAS Desk Book: A Dispute Resolution Manual for International Lawyers (2022), now in its fifth edition and editor of International Civil Procedure (Kluwer 2003).

Prior to joining JAMS, Mr. Grubbs was with the U.S. law firm of Miller & Martin PLLC, most recently as managing member of its Atlanta office. He served as lead counsel on matters involving various areas of substantive law, including business and commercial, consumer protection, copyright, corporate governance, defamation, employment, ERISA, wage and hour, securities, state antitrust, product liability, trademarks, trade secrets, trespass, and insurance. He also worked extensively in class litigation across various substantive areas including banking, employment, insurance and real estate development and served as coordinating counsel, monitoring and supervising related class cases in four separate U.S. jurisdictions for Fortune 100 consumer products company. His work included matters arising under the First, Fifth and Fourteenth Amendments to the U.S. Constitution. In addition to being admitted to practice in Tennessee and Georgia, he has practiced pro hac vice in Alabama, California, Delaware, Florida, Illinois, Louisiana, New Jersey, New York, Ohio, Texas, and Wisconsin. 

ADR Experience and Qualifications

  • More than 40 years of complex commercial litigation involving business and commercial, construction, intellectual property, securities, product liability and insurance disputes. International clients included individuals and business organizations from Austria, Canada, France, Germany, Italy, Japan, the Netherlands, Spain, and the United Kingdom. He was lead U.S. counsel in cases involving parallel proceedings in Luxembourg, Mexico, and the United Kingdom. 
  • Counsel in arbitrations seated in the United States, Europe and Asia before the AAA, ICC, ICDR, JAMS and Singapore International Arbitration Centre
  • Arbitrator on domestic and cross-border disputes related to construction, consumer, corporate governance, employment, energy, franchise law, products liability, and securities.
  • Mediator in matters involving various areas of law, including class action litigation, breach of contract and general commercial claims, civil rights, contract, employment, ERISA, health care, intellectual property, personal injury, wrongful death, product liability and securities.

Representative Matters

  • Business Commercial
      • Corporations, Partnerships, and Associations: 
        • Sole arbitrator in dispute regarding limited liability company operating agreement, tax issues and corporate governance
        • Lead counsel in Tennessee state court for 100-plus limited partners in claims arising out of limited partnership to mine coal
      • Finance and Banking
        • Sole arbitrator in cases involving application of Dormant Commerce Clause to interstate lending transactions
        • Counsel for FDIC in directors’ and officers’ liability and fidelity bond cases arising out of bank failures and bank receiverships
        • Counsel for directors and officers in claims arising from failed bank
      • Franchise Law:
        • Sole arbitrator in dispute arising out of fast-food franchises
        • Sole arbitrator in dispute arising out of franchises for magazine publication
        • Mediated settlement in franchise dispute involving fast food restaurants
        • Mediated settlement of franchise dispute involving Latin American franchisee
      • Non-Compete:
        • Wing arbitrator in dispute involving non-compete agreement relating to construction contracting
        • Sole arbitrator in related cases regarding independent contractor or employee status of entertainers
        • Sole arbitrator in dispute involving non-compete agreement relating to concert booking
        • Sole arbitrator in dispute involving Latin American distribution contract
      • Securities:
        • President of panel and wing arbitrator in multiple securities claims arising in broker–customer context
        • Special Master in Faucet et al v. White - Appointed by US District Court for the Eastern District of Tennessee to conduct proceedings to explore settlement in 15 plaintiff claim pertaining to management of industrial gas company. Settlement achieved
        • Lead counsel in a domestic securities arbitration
        • Lead counsel for Canadian company in a 60-plus-plaintiff securities case with parallel cases in state courts in North Carolina, Tennessee, and Texas
      • Technology:
        • Mediated settlement of international dispute regarding software licensing
        • Mediated settlement in international dispute involving tracking devices and associated software
  • Class Action & Mass Tort
      • Mediated settlement in class action claims against county government alleging Eighth Amendment violations
      • Mediated settlement of attorney’s fee dispute following settlement of securities class litigation
      • Lead counsel in Georgia state court in mass tort claims involving manganese exposure
  • Constitutional Law
      • Mediator in class litigation regarding Eighth Amendment 
      • Sole arbitrator in claims impacted by the Commerce Clause
      • Litigator in cases disposed of under the First, Fifth and Fourteenth Amendment
  • Construction
      • Sole arbitrator in disputes involving construction of metropolitan subway system
      • Wing arbitrator in dispute involving replacement of process parts in oil refinery
      • Wing arbitrator in dispute involving solar energy farm
      • Mediated settlement in dispute concerning government construction 
      • Mediated settlement in dispute concerning construction of office complex and multi-level parking garage
  • Employment/ERISA
      • Mediated various disputes involving Title VII claims
      • Mediator in successful resolution of class action alleging ERISA violations
      • Sole arbitrator in commission dispute involving textile sales
      • Sole arbitrator in 42 U.S.C. §1981 case
      • Sole arbitrator in Title VII (race and gender) cases
      • Sole arbitrator in Age Discrimination in Employment cases
      • Sole arbitrator in multiple wage and hour cases involving employee/independent contractor status
      • Lead counsel in constructive discharge case in federal court for Middle District of Tennessee involving California-based talent agency
      • Lead counsel in employment class claims against consumer products company in federal and state courts in Ohio, including Ohio Court of Appeals
      • Coordinating counsel in employment class claims against consumer products company in federal and state courts in Illinois, New Jersey, New York, and Texas
      • Lead counsel in ERISA litigation in federal courts in Georgia and Tennessee and Sixth Circuit Court of Appeals
      • Lead Tennessee counsel for TV network and production company in First Amendment defense of employment class claims in federal court for Middle District of Tennessee
      • Lead counsel in employment class action claims against Big Four accounting firm in federal court for Middle District of Tennessee
      • Coordinating counsel in wage and hour collective actions against consumer products company in federal and state courts in California
  • Environmental and Energy
      • Special Master in Shults et al v. Champion International Corp. – Appointed by US District Court for the Eastern District of Tennessee to divide settlement proceeds among 1200 class members
      • Special Master in Beach et al v. Unisys Corporation – Appointed settlement master by the U.S. District Court for the Eastern District of Tennessee to explore resolution of multiple claims of ground water pollution
      • Mediated international dispute regarding sale of refinery
      • Special Master in Beach v. Unisys - Appointed by US District Court for the Eastern District of Tennessee to conduct various proceeding to explore settlement in 60+ plaintiff ground water contamination case. Settlement achieved
  • Health Care
      • Special Master in United States v. Provident Life & Accident Beach – Appointed by US District Court for the Eastern District of Tennessee to compute damages owed in Medicare secondary payment litigation
      • Sole arbitrator in dispute involving interpretation of contract for delivery of home infusion therapy (“HIT”) services
  • Insurance
      • Sole arbitrator in dispute involving commissions for origination of insurance contracts
      • Sole arbitrator in dispute involving health insurance reimbursement 
      • Lead Tennessee counsel in Tennessee Court of Appeals in state antitrust litigation involving assigned risk pool for workers’ compensation insurance
      • Lead counsel in life insurance litigation against Canadian-based insurer in state court in Georgia involving “other insurance” provision and viaticated policies 
      • Lead counsel for Texas-based insurer in life insurance cases seeking rescission following viatication transactions in state court in Tennessee
      • Counsel in RICO litigation in federal court for East Tennessee against insurance-rate-setting organization
      • Lead counsel in insurance coverage litigation in Tennessee Court of Appeals
  • Intellectual Property
      • Lead counsel in copyright litigation regarding manual for use in obtaining Medicare reimbursement
      • Lead counsel in trademark litigation regarding use of name for country music band
      • Lead counsel in trade secrets litigation involving golf equipment
      • Lead counsel in defense of Italian roofing tile manufacturer in opposing claims in the U.S.
      • Counsel for German manufacturer in U.S. trade secrets litigation involving dental equipment
      • Lead counsel for Japanese food service company in U.S. contract and trade secrets litigation
  • International
      • Special master appointed by U.S. District Court for the District of Columbia in Cabrera et al v. Islamic Republic of Iran to consider personal injury claims against state-sponsored terrorism
      • Sole arbitrator in dispute involving export of clothing from US to Canada
      • Sole arbitrator in dispute involving alleged breach of contract relating to sales into allegedly exclusive Latin American territory
      • Sole arbitrator in personal injury claims by seafarers in international waters
      • Sole arbitrator in dispute involving attorneys’ fees in dispute in Thailand
      • Wing arbitrator in dispute involving replacement of process parts in oil refinery in United Kingdom
      • Lead counsel in U.S. proceedings in federal court in Georgia opposing enforcement of a Luxembourg arbitration award against a Spanish travel company and coordinating parallel proceedings in Mexico and Luxembourg
      • Lead counsel in domestic arbitration involving consumer electronics on behalf of a Dutch multinational
      • Lead counsel in Singapore arbitration involving technology transfer  
  • Personal Injury, Products Liability, and other Torts
      • Special master appointed by U.S. District Court for the District of Columbia in Cabrera et al v. Islamic Republic of Iran to consider personal injury claims against state-sponsored terrorism
      • Mediated settlement in wrongful death claim against automobile manufacturer
      • Sole arbitrator in personal injury claim arising out of use of contraceptive device
      • Lead counsel in products liability claim involving acetylene gas in federal court for Western District of Tennessee and Sixth Circuit Court of Appeals
      • Lead counsel in Tennessee state court defamation prosecution against pest control company
      • Lead counsel in trespass cases against wireless telephone company in federal court for Western District of Tennessee and Sixth Circuit Court of Appeals
  • Government/ Public Agency
      • President of arbitration panel in claim against public utility involving natural gas supply agreement

Honors, Memberships, and Professional Activities

Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS.

Memberships and Affiliations

  • Member, American Bar Foundation (ABF)
  • Member, Atlanta Bar Association
  • Board Member, Atlanta International Arbitration Society (AtlAS)
  • Fellow, Chartered Institute of Arbitrators (CIArb)
  • Member, Chattanooga Bar Foundation
  • Member, Georgia Arbitrators Forum
  • Member, Georgia State University College of Law  Board of Visitors, (2013 – 2017)
  • Member, ICC Commission on Arbitration and ADR
  • Member, State Bar of Georgia
  • Member, Tennessee Bar Foundation
  • Chair, Tennessee Supreme Court Commission on Alternative Dispute Resolution (1996-1999)
  • Member, Dean’s Advisory Council, Rollins School of Public Health, Emory University (2011 – 2019)
  • Member, United States Council on International Business (USCIB)
    • Arbitration Committee
    • Chair, Southeastern U.S. Subcommittee (2018-2022)

Selected Awards and Honors

  • Atlanta Lawyer of the Year – International Commercial Arbitration, Best Lawyers in America, 2022
  • Listed in Best Lawyers in America, 2001–2024
  • Listed in Atlanta Super Lawyers, 2013–2023
  • BTI Client Service All-Star, BTI Consulting, 2011 and 2014
  • Greyfred Gray Public Service in Mediation Award, Tennessee Association of Civil Trial Mediators, 2011 
  • Listed in Best Lawyers in America, 2001–2023

Selected Publications

  • Author, “A Neutral’s Perspective on Seating International Arbitration Proceedings in the U.S.,” Corporate Counsel, October 2023
  • Contributor, “Transparency and International Arbitration,” Mealey’s International Arbitration Report, December 2022
  • Editor, AtlAS Desk Book 2022: The International Lawyer’s Dispute Resolution Manual, Atlanta International Arbitration Society, 2022
  • Co-Author (with Alexander Vey), Georgia Chapter, Interim Measures in the United States in Aid of Arbitration, JURISNet 2022
  • Editor, International Civil Procedure, Kluwer, 2003
  • Lead Author, U.S. Chapter, Global Arbitration Review Know How: Litigation, 2018
  • “Choosing Applicable Law in International Arbitration Provisions,” Daily Report, 2017 
  • “Cross-Border Dispute Resolution for Corporate Counsel,” Daily Report, 2016
  • “Let’s Celebrate the Opening of the Atlanta Center for Mediation and Arbitration,” Atlanta Business Chronicle, 2015
  • “International Arbitration: A Business Opportunity for Atlanta,” Atlanta Business Chronicle, 2014
  • Co-Author, “International Commercial Arbitration, Southern Style,” Tennessee Bar Journal, Sept. 2012

Selected Speaking Engagements

  • Speaker, “Initial Organization of Arbitral Proceedings and Pre-Hearing Activities,” JURIS Leading Arbitrators Conference, Vienna, Austria, April 2023
  • Speaker, “Arbitration: Recent Developments,” 29th Annual ADR Institute, Georgia Office of Dispute Resolution, November 2022
  • Panelist, “Looking Forward:  Dealing with Disruption, GAR Live Atlanta, September 2023
  • Panelist, “Hot Topics in International Litigation,” Florida Bar International Law Section Global Forum, April 2022
  • Speaker, “Virtual Hearings,” Online WIPO Mediation and Arbitration Workshop, December 2021
  • Speaker, “Fall Symposium: Virtual War Room on Hybrid and Virtual Arbitrations,” Charlotte International Arbitration Society, October 2021
  • Moderator, “AtlAS at 10: Past, Present and a Bold New Future for International Arbitration,” Atlanta International Arbitration Society, September 2021
  • Co-Moderator, “Arbitrability: Who Decides What Is and Is Not Arbitrable? Judges or Arbitrators?” Atlanta International Arbitration Society, October 2020
  • Co-Moderator, “Obtaining Evidence From Third Parties in Domestic and International Arbitration,” Atlanta Bar Association, October 2020
  • Co-Moderator, “Arbitrability: Who Decides What Is and Is Not Arbitrable? Judges or Arbitrators?” American Bar Association/Russian Arbitration Association, September 2020
  • Moderator, “A Remote World: Lessons and Predictions for Adaptation,” World Law Group, May 2020
  • Panelist, “International Commercial Arbitration in an Era of Retreating Globalism: How to Deal With the Backlash Against Globalism,” Tortola, BVI, November 2019
  • Chair, “The Year in Review: A Guide Through the Essentials,” Second Annual GAR Live Atlanta, Georgia State University College of Law, Atlanta, September 2019
  • Speaker, “Drafting Effective Clauses and Submission Agreements for IP Disputes,” WIPO Workshop, Fundamentals and Trends in IP and Tech Mediation and Arbitration, Atlanta, March 2019
  • Co-Chair, ICLE 12th Annual Arbitration Institute, State Bar of Georgia, Atlanta, March 2019
  • Chair; Ethics, Regulatory and Procedural Issues in International Practice; Georgia Chief Justice’s Convocation on Professionalism and the Global Community; Atlanta; November 2018
  • Chair; “America’s Panel: Skills & Cultures: The Road Ahead for International Arbitration,” Georgia State University College of Law, Atlanta, November 2018
  • Co-Chair, GAR Live Atlanta, Atlanta, March 2018
  • Co-Chair, ICLE 11th Annual Arbitration Institute, State Bar of Georgia, Atlanta, February 2018
  • Co-Moderator, “Recent Developments in International Commercial Arbitration,” Atlanta International Arbitration Society, February 2018
  • Panelist; “Emergency and Expedited Relief in International Commercial Arbitration;” Sixth Annual Arbitration and Investment Summit – Caribbean, Latin America and Emerging Markets; Nassau, Bahamas; January 2018
  • Panelist, “Choice of Law in International Commercial Arbitration,” Second Annual CPR Canada Regional Meeting, Toronto, September 2017
  • Panelist, “U.S. Federal Court Intervention in International Commercial Arbitration,” Federal Bar Association, Atlanta, September 2017

Background and Education

  • Partner, Miller & Martin PLLC, 1994–2020
    • Managing Member, 2018–2020
    • Partner/Member, 1994–2014
  • Chief Executive, Atlanta Center for International Arbitration and Mediation, Georgia State University College of Law, 2014–2017
  • Shareholder, Grant Konvalinka & Grubbs P.C., 1981–1994
  • J.D., University of Alabama Law School, 1975
    • Editorial Board, Alabama Law Review
    • Bench & Bar Honor Society

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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