Arbitration

Mark has served as a neutral in over 70 arbitrations, including those administered by AAA/ICDR, ICC, CPR, LCIA, FINRA, and the NYSE. He has also served as either a party-appointed or panel chair in many ad hoc or non-administered proceedings. He is a years-long member of the AAA, ICDR, and CPR panels of neutrals and has been a regular spokesperson at AAA arbitration training institutes. As a trial lawyer for over 40 years, Mark’s experience as a frequent advocate in arbitral forums informs his focus on the need for efficiency, preparation, and fairness in arbitration.

Mark’s extensive experience as an arbitrator mirrors his experience as a trial lawyer, extending to disputes involving Fortune 100 companies, mid-market companies, private partnerships, joint ventures, and individuals, including controversies in the energy, securities, financial services, real estate, and professional practice areas.

Energy related disputes on which Mark has served as an arbitrator have involved exploration and production companies, pipeline operators, refining, oilfield service companies, and manufacturers and distributors of tubulars, downhole devices, and other oilfield equipment. These disputes have typically involved royalty, implied covenant, and other leasehold controversies, claims of force majeure, drilling mishaps, tubular and sub-sea pipeline failures, indemnification, insurance, joint operating agreements, area of mutual interest agreements, supply contracts, and various other agreements surrounding the exploration, production, and transportation of oil and gas.

General commercial matters on which Mark has served as an arbitrator have included disputes among banking, accounting, financial services, private equity, and securities brokerage firms operating nationwide and internationally.

Amounts in controversy in these matters have ranged from several million to several hundred million dollars, many involving claims of fraud, breach of fiduciary duty, professional liability, unfair competition, employee “raiding” claims, and breach of trade secrets, some involving class-action and RICO allegations and some involving the joinder of dozens of defendants.

Mark’s standard fee for service as an arbitrator, whether as chair or as party-appointed member, is $750 per hour. In the unusual case, the fee may be slightly more. These fees include preparation time, conferencing, hearing, deliberation, drafting the award, and any travel time. The only expenses charged are for travel.

Arbitrations that are cancelled less than four weeks before the scheduled hearing commencement date are subject to the payment of a cancellation fee calculated at the above-stated hourly rate times the number of eight hour scheduled hearing days. But a refund is given for any cancelled days that can be filled with other hearings or mediations.