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Peter Kamminga

Peter Kamminga, Esq., Ph.D.


Case Manager
Shakiya Wright-McDuffie
T: 212-607-2700
F: 212-751-4099
620 8th Ave, 34th Floor, New York, NY 10018

Biography

Dr. Kamminga is available to conduct virtual mediations, arbitrations and other ADR proceedings on Zoom and other online platforms.

Dr. Peter Kamminga, Esq., Ph.D.
 is a JAMS panelist and longtime member of Hon. Daniel Weinstein (Ret.)'s mediation team, where he has built a strong reputation as a skilled mediator and arbitrator with extensive experience resolving high-profile and high-stakes disputes, both in the United States and globally. Over the last 20 years, Dr. Kamminga has successfully mediated and co-mediated hundreds of complex civil disputes involving multiple parties, sophisticated questions of law, global jurisdictional issues and aggregate values of millions or billions of dollars. In particular, he has a track record working with parties to bring contentious cross-border, commercial, banking and financial market conflicts to resolution.

Dr. Kamminga began his mediation career in Europe, where he honed his skills as an effective mediator working to negotiate and resolve complex challenges for large public and private entities. After moving to the U.S., he gained extensive hands-on experience working alongside Hon. Daniel Weinstein (Ret.). His in-depth and practical knowledge of complex cases makes him uniquely suited for and comfortable with handling matters involving cross-border aspects in any sector.

Dr. Kamminga’s international profile and multijurisdictional experience have enabled him to develop cultural competency, an in-depth appreciation for the challenges faced by cross-border business and a deep understanding of different legal systems. Years of resolving complicated, often highly technical, bet-the-company cases have yielded a nuanced acumen in commercial, energy, construction and class action matters. 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.” 

In addition to his work as a neutral, Dr. Kamminga is an associate professor of law and an internationally recognized expert and scholar. He has authored several books and dozens of articles on contract theory and dispute resolution. Educated both in Europe and at top and Ivy League schools in the U.S. (Columbia, Stanford, Harvard), Dr. Kamminga is fluent in Dutch and has an excellent working knowledge of German and French.

ADR Experience and Qualifications

As a trained lawyer, neutral and law professor, Dr. Kamminga has developed an in-depth knowledge of what drives people in their business and interpersonal disputes. This unique breadth of academic and practical 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 well versed in the evolving landscape of cybersecurity cases as well as industry-specific computer crime and privacy laws, and is certified by the SANS Institute. He is familiar with representations and warranties claims in connection with mergers and acquisitions, as well as the transactional insurance aspects relating to such matters.

Dr. Kamminga is also sought after as a dispute resolution process designer and has crafted ADR systems for swift resolution from personal injury matters to billion-dollar infrastructure projects in the Netherlands and the U.S. 

As a mediator and arbitrator, Dr. Kamminga is recognized for his legal expertise in the following areas:

  • Banking
  • Bankruptcy
  • Business/Commercial
  • Class Actions and Mass Torts
  • Construction Defect
  • Cross-Border and International
  • Cybersecurity
  • Energy and Utilities
  • Financial Markets
  • Health Care
  • Insurance

Representative Matters

Accounting/Finance

  • Dispute between marketing corporation and one of the world’s largest audit firms for damages resulting from the precipitous withdrawal of audit reports
  • Malpractice dispute between a consumer electronics firm and its auditor for failing to discover embezzlement by an employee
  • Mediation of negligence claim brought by 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 law firm involving a settlement agreement

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 investment banks involving alleged misrepresentations related to sale of residential mortgage-backed securities
  • Contractual dispute between two large investment banks related to underwriting of securities and indemnification for penalties paid
  • Dispute between bank and its 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 commodities trading firm

Bankruptcy

  • 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
  • Bankruptcy matter involving a multi-billion-dollar bankruptcy claim related to a European company with U.S.-based directors
  • Part of team that settled numerous securities actions arising out of the Lehman Brothers bankruptcy

Business/Commercial

  • Mediation of disputes brought against several of the largest Fortune 50 and 100 companies, as well as many other NYSE- and NASDAQ-listed corporations
  • Contract claims related to complex projects and long-term contractual relations, such as distribution and franchising, R&D joint venture agreements, mergers and acquisitions, construction claims and disputes involving international sales of goods
  • 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 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

Class Action/Mass Torts

  • 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 state attorney general against a German car manufacturer for violating environmental regulations
  • Class action brought by 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/Construction Defect

  • Settlement of various complex claims in road, rail and tunnel infrastructure projects involving public-private partnerships, cost and delay dispute and construction defect cases, and other construction contract claims
  • Mediation of contractual claims related to underground infrastructure, power plants, water projects and real estate development
  • Claim against multiple developers in a large construction defect case involving government agencies and developers of a high-rise luxury condo and office buildings
  • Mediation involving a large real estate development project in Las Vegas
  • Mediation and early neutral evaluation in large construction dispute involving a railway station in Europe
  • Early neutral evaluation in matter involving power plants and public and private construction
  • Member of dispute review board for large tunnel project
  • Mediation of a contract dispute involving one of the largest defense contractors in the U.S., matters with agencies and regulators in the U.S.

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

Internet, Tech and Cybersecurity

  • Certified by the SANS Institute in computer crime and privacy laws, cyber and network defenses, penetration testing, incident response, digital forensics and audit
  • Mediation of dispute between large e-commerce corporation over coverage for losses that were sustained as a result of complex computer fraud schemes
  • 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

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

  • 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
  • Cases resulting from the subprime lending crisis and the 2008 financial crisis
  • 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

Health Care/Pharmaceutical

  • Product defect claim against a leading pharmaceutical 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

  • 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 the Bernie Madoff Ponzi scheme
  • Opt-out securities case for fraud and bid rigging brought by a public retirement fund against an insurance broker
  • Various D&O coverage matters, including disputes related to and resulting from the 2008 recession and involving leading U.S. and European investment banks
  • 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

Personal Injury

  • Dispute between employee and her employer over liability for severe personal injuries due to burns incurred during her work activities
  • Settlement of dispute involving victims seeking to establish compensation and defense fund for victims of war
  • Designed claim handling procedure in coordination with personal injury lawyers, personal injury insurers and victims’ right organizations
  • Main author of the dispute resolution section of the Dutch Code of Conduct for handling severe personal injury cases

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 mining company involving compliance with environmental requirements
  • Opt-out securities case for fraud and bid rigging brought by a public retirement fund against an insurance broker

Professional Activities

  • Affiliated Fellow, Program on Negotiation, Harvard Law School, 2011–present
  • Associate Professor of Law, VU Amsterdam University, 2010–present
  • Co-Chair, Future of ADR Committee, American Bar Association, International Committee on Dispute Resolution Section, 2009–2012
  • Advisor, Lawyers and ADR Project, EU Commission, 2009–2011
  • Advisor, European Association of Judges for Mediation, 2009–2014
  • Legal Advisor, De Brauw Blackstone Westbroek, 2000–2002
  • In-house Counsel, Actinium 1999–2001

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.

  • 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

  • “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
  • Postdoctoral Fellow, Program on Mediation, Harvard Law School
  • Ph.D., Tilburg University (NL) and KU Leuven University (BE)
  • Visiting Ph.D. Scholar, Stanford University
  • LL.M., Columbia University School of Law
  • Visiting Scholar, UC Hastings College of the Law
  • M.Sc., Conflict Management, Maastricht University (NL)
  • German Law (Minor), Goettingen University (DE)
  • LL.M., Groningen University (NL)
  • LL.B., Groningen University (NL)

News

Events

Practice Areas

  • Banking
  • Bankruptcy
  • Business & Commercial
  • Class Action & Mass Tort
  • Construction
  • Construction Defect
  • Cybersecurity & Privacy
  • Energy & Utilities
  • Financial Markets
  • Health Care
  • Insurance
  • International & Cross-Border
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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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