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Peter Kamminga

Peter Kamminga, Esq., Ph.D.

JAMS Mediator, Arbitrator, Referee/Special Master, Neutral Evaluator


Case Manager
Burton King
T: 212-607-2758
F: 212-751-4099
620 Eighth Ave., 34th Floor, New York, NY 10018

Peter Kamminga is available to conduct cases virtually. JAMS is equipped to provide virtual ADR services on a variety of online platforms, including Zoom, Microsoft Teams, WebEx, and more.

Biography

Dr. Peter Kamminga, Esq., Ph.D. is a full-time JAMS panelist with more than 20 years of experience as mediator, arbitrator and resolver of complex disputes in the U.S., Europe and globally. Prior to joining JAMS, he was a longtime member of Hon. Daniel Weinstein (Ret.)'s mediation team, where he has built a strong reputation resolving high-profile and high-stakes disputes.

Dr. Kamminga has successfully mediated and co-mediated hundreds of complex civil or commercial disputes involving multiple parties, sophisticated questions of law, global jurisdictional issues and aggregate values of millions or billions of dollars.

Years of experience resolving highly technical and complex, bet-the-company cases, have yielded a nuanced acumen in driving to resolution a wide variety of disputes including contentious banking, cross-border, commercial, construction, cyber, energy, and financial market conflicts, among others. His extensive mediation experience includes both two-party cases and matters involving up to 20 or more parties.

His in-depth and practical experience of dealing with multi-party and international cases makes him uniquely suited for and comfortable with handling mediations and arbitrations involving cross-border aspects in any sector. Clients value him for being an “excellent listener” who “can study up on new issues quickly” and is “persistent and able to ask the tough questions and push parties to find solutions that make good legal and business sense.”

Educated both in the U.S. (Columbia and Harvard University) and in Europe Dr. Kamminga is fluent in English and Dutch and has an excellent working knowledge of German and French.

In addition to his full-time work as a neutral, Dr. Kamminga is an associate professor of law and an internationally recognized legal expert and scholar. As a thought leader on ADR and mediation he has initiated ADR initiatives in the U.S. and abroad and frequently speaks for Fortune 500, universities, governments and other organizations around the world. He has authored several books and dozens of articles on contract law and dispute resolution.

ADR Experience and Qualifications

Dr. Kamminga has mediated disputes involving a wide variety of subject matters including Directors & Officers (D&O), Professional Liability and other insurance coverage matters, contract disputes, products liability, bankruptcies, construction law, franchising and distribution, legal and accounting malpractice, securities law, unfair competition, partnership, and other business disputes.

Dr. Kamminga is well versed in new practice areas such as the evolving landscape of cybersecurity cases, and familiar with industry-specific computer crime and privacy laws, as well as with the dynamics surrounding cybercrime, hacking, ransomware and internet scams. He is certified by the SANS cyber security training institute. He is also familiar with growing field of representations and warranties claims in connection with mergers and acquisitions, as well as the transactional insurance aspects relating to such matters.

Dr. Kamminga’s international profile and multijurisdictional experience have empowered him to develop a deep understanding of different legal systems as well as cultural competency, and an in-depth appreciation for the challenges of cross-border business. He has settled disputes involving parties from the U.S. and Canada, from Europe (Belgium, Denmark, France, Germany, Italy, Netherlands, Switzerland, and the U.K), Africa as well as Asia (China and India), and Australia.

As a trained lawyer, neutral and law professor, Dr. Kamminga has an in-depth knowledge of U.S. and European law but also of what drives people in their business and interpersonal disputes. This unique breadth of experiences enables him to quickly and accurately get to the heart of a matter; engage with the legal, economic, organizational and human factors at issue; and broker an efficient and satisfactory resolution.

Dr. Kamminga is also sought after as a dispute resolution process designer and was one of the drafters of an elaborate ADR system for swift resolution of personal injury claims in the Netherlands. He also applied these skills in the context of billion-dollar/euro infrastructure projects in the Netherlands and the U.S.

Representative Matters

As a neutral Dr. Kamminga’s experience includes numerous complex disputes and claims arising out of U.S. and international accounting, bankruptcy, construction, and other disputes aggregating many hundreds of millions of dollars. As a mediator he has successfully mediated settlements of large and complex multi-party disputes involving more than 20 different parties. Representative disputes in which he has been engaged as mediator or arbitrator include:

Antitrust

  • A variety of disputes involving market manipulation and price-fixing allegations
  • Antitrust class action brought against a major European bank for alleged manipulation of Libor and Euribor interest rate benchmarks
  • State action against major investment bank for claimed misrepresentation related to sale of financial products
  • Antitrust class action disputes brought against some of the largest U.S. poultry and egg producers for allegedly conspiring to increase prices

Banking

  • Several disputes between U.S. and European investment banks involving alleged misrepresentations related to sale of residential mortgage-backed securities and other financial products
  • Contractual dispute between two large investment banks related to underwriting of securities and indemnification for penalties paid
  • Coverage dispute between U.S. bank and its U.S. based insurer over coverage for professional services and lending services
  • Dispute between U.S. state and large investment bank involving issuances of fixed-rate municipal bonds
  • Dispute between term lenders and large U.S. bank over the banks contractual obligations involving the development and construction of a resort and casino in Las Vegas
  • Dispute over alleged breach of contract between large U.S. investment bank and a hedge fund involving a commodity trading firm

Bankruptcy/Insolvency

  • Mediation of Chapter 11 bankruptcy between trustee and directors of an oil exploration and development company involving a breach of fiduciary duty claim in connection with a secured facility transaction
  • European insolvency matter involving multiple parties and a multi-billion-dollar bankruptcy claim related to a European company and with professional liability and fraudulent bankruptcy claims against U.S.-based directors
  • Bankruptcy matter involving U.S. bondholders and issues relating to distressed debt investing, and a revolving credit facility agreement pertaining to European insolvency proceedings, involving secured and unsecured creditors
  • Co-mediated several securities actions arising out of the Lehman Brothers bankruptcy as part of team of mediators

Business/Commercial

  • Mediation of a variety of commercial disputes involving several of Fortune 50 and 100 companies, and other NYSE- and NASDAQ-listed corporations as well as European, Asian, and Australian multinationals
  • Various breach of contract claims related to complex projects and long-term contractual relations, including distribution and franchising agreements, R&D joint venture agreements, mergers and acquisition agreements, construction claims, and international commercial contracts under the UNCITRAL rules for the international sales of goods (CISG)
  • Dispute over termination of a joint venture agreement between Danish and Indian companies in the clean energy field
  • Dispute over alleged breach of fiduciary duty between co-founder and U.S. venture capital firm
  • Dispute over alleged breach of contractual obligations between supplier and distributor in the textile industry involving UN Convention on Contracts for the International Sale of Goods (CISG)
  • Mediation-Arbitration of claim of credit card fraud in a dispute between US credit card company and consumer

Class Action/Mass Torts

  • A number of class actions involving pharmaceutical product recalls, consumer debt collection agencies, derivative actions and numerous securities class actions
  • An environmental pollution and consumer fraud class action claim brought by NY state attorney general against a German car manufacturer for violating environmental regulations
  • Class action brought by U.S. institutional investors against a consumer lending company accused of misrepresentations regarding their practices
  • Shareholder derivative action alleging insider trading and breaches of fiduciary duty against a wearable technology device company’s officers and directors
  • Shareholder derivative suit against multinational telecommunications company arising out of a breach of fiduciary duty claim related to reporting of the company’s financial results and prospects
  • Opt-out securities claim brought by hedge funds against mining company related to the development of a mine in South America and compliance with environmental requirements
  • Settlement of class action breach of dispute claims brought by employees against their employer involving offering of investments plans
  • Settlement of securities class action brought as a Dutch class action (WCAM) against wind energy sector
  • Settlement of D&O claim as part of a Dutch WCAM class action settlement

Construction and Real Estate

  • Settlement of various complex claims in road, rail and tunnel infrastructure projects in Europe involving public-private partnerships and complex cost and delay disputes construction defect claims, and other construction contract claims
  • Mediation of contractual claims related to underground infrastructure, power plants, water projects and real estate development
  • Part of mediation team mediating a claim against multiple developers in a large construction defect case involving government agencies and developers of several high-rise luxury condo and office buildings in San Francisco
  • Mediation involving a large real estate development project in Las Vegas in dispute between developer and lenders
  • Mediation and early neutral evaluation in large construction dispute involving a railway station in the Netherlands
  • Early neutral evaluation in matters involving a power plant and a PPP construction project
  • Member of dispute review board for large tunnel drill project in Europe

Cybersecurity/Data Breach, Internet, and Technology

  • Mediation of coverage dispute between large e-commerce corporation over coverage for losses that were sustained as a result of complex computer fraud schemes and so-called cookie stuffing
  • Mediation involving a Chinese internet data service provider accused of revenue inflation
  • Mediation involving online streaming company related to alleged misleading statements
  • Dispute between group of consumers and consumer tech device maker involving allegations of false and misleading statements by the company
  • Mediation involving alleged breach of fiduciary duties by multinational internet service provider in connection with the agreement and plan for a merger
  • Breach of contract and breach of implied covenant of good faith and fair dealing claim, in a dispute between a consumer electronics firm and data and technology marketing-firm providing website services
  • Dispute between internet service firms arising from a claim for intentional misrepresentation involving liability for cyber-attacks and hacking of websites and duties to provide cyber security services and warning for security breaches

Energy and Mining

  • Cases involving some of the world’s largest oil and gas, mining and clean energy companies
  • Securities dispute involving one of the worlds’ largest wind-turbine producers
  • Dispute involving one of the world’s largest mining companies involving mining rights in Peru
  • Mediation of a dispute resulting from merger of two major Western Hemisphere energy companies
  • Mediation of a dispute involving an investor in the Deepwater Horizon oil platform in the Gulf of Mexico
  • Shareholder dispute involving one of the largest privately held companies in California, a diversified oil and gas conglomerate encompassing oil recycling, refining, trucking, rail transportation services, oil terminal facilities and real estate over excessive loans and distributions from the company
  • Shareholder dispute involving energy company composed of a natural gas pipeline business and energy holding company involving a merger and alleged self-dealing by fiduciaries and advisors
  • Dispute between trustee and directors involving a large oil refinery company
  • Dispute over alleged breach of fiduciary duty by one of the directors against a diversified oil and gas conglomerate

Financial Markets

  • Mediation of securities matter involving Hedge funds seeking 1.2 billion Euros ($1.36 billion) in damages from Porsche SE over its attempt to take over the carmaker Volkswagen
  • Contract dispute between major developer and major investments bank estate over back rent and damages related to the early departure of the investment bank’s European headquarters
  • Dispute between leading venture capital firm and officers over breach of fiduciary duty claim related to a merger
  • Dispute between hedge fund and investment firm involving alleged breach of fiduciary duty related to the refinancing of a movie studio
  • Various dispute involving the underwriting of securities and the purchase and sale of securities
  • A variety of investment and shareholder disputes involving some of the largest hedge funds, investment banks, private equity funds and Fortune 500 companies, as well as public agencies such as the FDIC, including cases involving bank fraud schemes
  • A matter involving the sale and marketing of swaps and other forms of derivatives to institutional investors and individuals
  • Various claims against large investment banks resulting from the subprime lending crisis and the 2008 financial crisis

Health Care/Pharmaceutical

  • Product defect claim against a leading medical device manufacturer
  • Securities fraud claim brought by public retirement fund against a home health care service provider
  • Mediation involving a dispute over insurance coverage for litigation involving medical billing discounts
  • Dispute brought by investors against pharma startup involving off-label marketing

Insurance/Insurance Fraud

  • Opt-out securities case for fraud and bid rigging brought by a public retirement fund against an insurance broker
  • Coverage mediation arising out of the Madoff Ponzi scheme
  • International D&O coverage claim against a large European bank involving multiple insurance towers
  • Insurance fraud dispute brought against hospitals and doctors in connection with the submission and collection of fraudulent insurance bills for medical services, medical hardware and medications
  • Mediated insurance coverage dispute involving the question of coverage of litigation cost and damages involving appraisal dispute valued in excess of $100 million
  • Insurance coverage mediation involving a private equity management firm and its insurers
  • D&O, general and professional liability coverage matters related and resulting from the financial crisis involving midsize and large U.S. and European banks, as well as from Ponzi schemes

International/Cross-Border

  • U.S. securities class action against Danish energy company regarding statements on financial performance allegedly breaching EU regulations
  • Coverage matter underlying a Dutch securities class action against a Dutch-Belgian bank involving U.S., U.K., German and French insurers leading to $1.3-billion settlement
  • Construction and engineering matters involving European government agencies, including ministries of economics, infrastructure and justice, the European Union and local governments, as well as European oil companies and engineering firms
  • Contractual dispute between Australian and German corporations involving distribution of consumer goods
  • Contractual dispute between Swiss and U.S. bank about repayment of fees
  • Coverage litigation resulting from international merger, merger related claims, wrongful acts by directors, and appraisal proceedings in front of the Court of Chancery in Delaware, and whether coverage for appraisal proceedings exist under the D&O policies based on breach of fiduciary duty claims and merger related misconduct and questions of indemnity
  • Contractual dispute involving an exclusive distribution agreement between an Australian consumer products firm and its German distributor involving licensing issues and questions of international sales arising from UNIDROIT, CISG and the German Civil Code (BGB) and German Commercial Code (HGB)
  • Dispute between a Dutch and a U.S. firm resulting from a Sales and Purchase Agreement, related to a data center agreement, internet infrastructure services, hosting services, and the interpretation of data center and share purchase agreements

Professsional Liability

  • Professional liability dispute between marketing corporation and one of the world’s largest audit firms over damage resulting from the precipitous withdrawal of audit reports
  • Professional malpractice dispute between a consumer electronics firm and its auditor for failing to discover embezzlement by an employee
  • Mediation of negligence claim brought by U.S. bank against Big Four accounting firm for breaching contractual duties arising from the engagement agreements
  • Legal malpractice claim brought by real estate mogul against his U.S. law firm involving a settlement agreement
Securities

  • Mediation of several securities matters with overlapping internal investigations, class and derivative actions, and investigations by the SEC and other federal or state regulators
  • A securities claim brought against a carmaker for securities fraud and unjust enrichment related to its stake in another major carmaker
  • Securities class action against Chinese internet data service provider accused of revenue inflation
  • Securities class action against Indian online streaming company related to alleged misleading statements
  • Securities class action brought on behalf of consumers against consumer tech device maker for making false and misleading statements
  • Opt-out securities claim brought by hedge funds against major mining company involving compliance with environmental requirements

Professional Activities

  • Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS
  • Initiating member, ICC Task force on Arbitration and ADR
  • Member, American Bar Association (ABA) and its Section on Dispute Resolution
  • Member, International Bar Association (IBA)
  • Member, JAMS Global Engineering and Construction Group
  • Former Co-Chair, Future of ADR Committee, American Bar Association, International Committee on Dispute ResolutionSection
  • Member Dutch Research Counsel Committee on Scientific integrity
  • Postdoctoral Fellow, Program on Negotiation, Harvard Law School (USA)
  • Visiting Ph.D. Scholar, Stanford University, Palo Alto (USA)
  • Visiting Scholar, UC Hastings College of the Law, San Francisco (USA)
  • Former Advisor to Lawyers and ADR Project, EU Commission
  • Former Advisor to European Association of Judges for Mediation

Honors

  • Fellow, Weinstein JAMS International Fellowship Program 
  • Faculty Fellow, Program on Negotiation, Harvard Law School
  • Faculty Fellow, Stanford University
  • Faculty Fellow, UC Hastings College of the Law

Memberships

  • Member, Commission on Arbitration and ADR, ICC Netherlands
  • Member, Commission on Arbitration and ADR, International Chamber of Commerce
  • Member, Committee on the Future of Construction, World Economic Forum
  • Member, Scientific Counsel, European Association of Judges for Mediation
  • Member, Dutch Lawyers Association
  • Certified Member, MFN (Dutch mediation federation)

Speaking Engagements

Dr. Kamminga is frequently invited to speak on panels and give presentations related to ADR and mediation of complex commercial and civil litigation and has published extensively.

  • Speaker, "Mediation in complex (cross-border) insurance matters," Clyde and Co (Germany), Month in Review webinar series, May 27, 2021
  • Guest lecturer, "International multi-party business mediation," Justice capacity building project Ethiopia, VU Amsterdam February 21, 2021
  • Panelist, "Use of mediation in corporate matters in times of COVID," ICC Netherlands webinar, July 30, 2020
  • Keynote Speaker; “The Art and Science of Optimizing Contractual Relationships”; National Contract Management Conference; Utrecht, Netherlands; 2020
  • Keynote Speaker, “Myths About Conflicts and Construction Contracts,” Conference on Procurement in Practice, 2019
  • Speaker, “Dispute Boards: Worth a Try?,” 7th International Mediation Conference, ICC Paris, 2017
  • Speaker; “Impact of Conflicts on Lawyer-Client Relationships”; XXVI World Congress of Philosophy of Law and Social Philosophy; Belo Horizonte, Brazil; 2013
  • Speaker; “Executive Negotiation Workshop”; Technical University of Malaysia; Kuala Lumpur, Malaysia; 2013
  • Speaker, “Changes in Legal Infrastructure: Empirical Analysis of Collaborative Lawyering Around the World,” ABA Dispute Resolution Section, Spring Conference, Chicago, 2013
  • Speaker; “Dealing With Dilemmas in High-Stakes Mediations Involving Business and the Public Sector”; 2eme Assises Internationales de la Médiation Judiciaire; Fort de France; Martinique, France; 2011
  • “Toward a New Kind of Highly Interactive Lawyer: The Promise of Collaborative Lawyering”; World Congress of Philosophy of Law and Social Philosophy: Law and Legal Cultures in the 21st Century: Diversity and Unity; Frankfurt, Germany; August 2011
  • “Future of ADR” ABA Dispute Resolution Section, Spring Conference; Denver, Colorado; 2011
  • “Mediation and Civil Society in Europe”; European Conference on Mediation, 3rd European Mediation Network Initiative; Paris, France; 2010
  • “ADR and Collaboration Facilitated by Contracts”; EU Project on ADR and Lawyers; Prague, Czech Republic; April 2010
  • “Success Indicators for the Use of ADR to Make and Save International Business Deals in Europe”; ABA Dispute Resolution Section, Spring Conference; San Francisco, California; 2010

Publications

  • “Seven reasons why you should mediate cross-border disputes now,” New York Law Journal, June 2021
  • “Ex-Parte Cross-Border Mediations: A Pragmatic Approach to Dispute Resolution,” Tijdschrift Conflicthantering, 4, pp. 11-17 (In Dutch), 2019
  • Kamminga, Y.P., “Why Incorporating Non-Legal Drivers of contractual Behavior in Contracts May Lead to Better Results in Complex Defense Systems Procurement,” Journal of Public Procurement, 15 (2), p. 208, 2015
  • Schonewille, M. & Kamminga, Y. P.. “What Can We Learn From Cross-Border Business Mediations?” Tijdschrift Conflicthantering, 6, pp. 26-31 (in Dutch), 2015
  • “Using Mediation in Multi-Party Disputes, or Why Complex Matters Still Go to Litigation.” In Cecchi Dimeglio P. and Brenneur, B. (Eds.), Interdisciplinary Handbook of Dispute Resolution, Brussels, 2015
  • Kamminga, Y. P. & Dohmen, H., “Why Better Contracts Lead to Better IT Projects,” Tijdschrift Conflicthantering, 5, pp. 23-27 (in Dutch), 2014
  • “The Netherlands as Securities Mediation Hub?” Weinstein Fellows Newsletter, 2012
  • “Value Creation in Water Resource Management: Cooperative Rather Than Competitive Approaches to Water Management,” in Islam, S. & Susskind, L. and associates, Water Diplomacy: Managing the Complexity of Water Networks Through Negotiation, Resources for the Future, 2012
  • “Inter-Firm Negotiations and Conflict,” Canadian Journal of Arbitration and Mediation, 2011
  • “Keeping Infrastructure Projects on Track With Effective Governance Structures,” Gouda: PSI Bouw, 2009
  • A Code of Conduct for Negotiating Personal Injury Claims: Structuring the Shadow of Tort Law,” in Winkel, F.A., et. al., Victimization in a Multidisciplinary Key: Recent Advances in Victimology, 2009
  • “Governance Structures for Contractual Relations,” Tilburg University Press, 2008 (Ph.D.)
  • Optimizing Contracting for Alliances in Infrastructure Projects,” International Construction Law Review, 2006
  • Co-Author, Dutch Dispute Resolution Board Procedures and Regulations, 2004
Professional Background
  • Founder and neutral, Kamminga Mediation, 2005 - present
  • Mediator/arbitrator, Weinstein Mediation Team, 2011 - 2020
  • Affiliated Fellow, Program on Negotiation, Harvard Law School, 2011 - present
  • Associate Professor of Law, VU Amsterdam University, 2010 - present
  • Assistant Professor, Tilburg University, 2000-2009
  • Legal Advisor, De Brauw Blackstone Westbroek (a leading Dutch law firm), 2000 - 2002
  • In-house Counsel, Actinium telecom consultancy, 1999 - 2001
Education
  • Ph.D., Tilburg University (NL) and KU Leuven University (BE)
  • M.Sc., Conflict Management, Maastricht University (NL)
  • LL.M., Columbia University School of Law, New York (USA)
  • German Law (Minor), Goettingen University (DE)
  • LL.M., Groningen University (NL)
  • LL.B., Groningen University (NL)
Languages
  • English, Dutch, French, German

Counsel Comments

    • “Peter is very sharp at understanding the different parties and knows when to push to move the case to its resolution."

      -In-House Counsel at Fortune Top 10 Company
    • “Peter has a charming, friendly and perceptive manner which prompts the parties towards resolution with tactful persistence."

      -Trustee in a Cross-Border Bankruptcy Dispute
    • “…calm and exhibiting much patience in dealing with people, Peter remains focused on understanding the dispute and its nuances, while at the same time ‘driving’ the process and determined to get a settlement done."

      -Attorney, AmLaw Top 20 Defense Firm
    • “One of those rare mediators that listens and that considers both the legal and insurance business aspects."

      -US Insurance Counsel
    • “Respected by his academic peers as well as international attorneys and practitioners."

      -Attorney, Top 20 Plaintiff Firm

News

Events

Practice Areas

  • Antitrust & Competition
  • Arbitration
  • Banking
  • Bankruptcy
  • Business & Commercial
  • Class Action & Mass Tort
  • Construction
  • Cybersecurity & Privacy
  • Energy & Utilities
  • Financial Markets
  • Health Care
  • Insurance
  • International & Cross-Border
  • Life Sciences
  • Professional Liability
Available nationwide

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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