As Arbitrator

Examples:

• After appointment by the Permanent Court of Arbitration ("PCA") in accordance with the procedure described here, served as sole arbitrator in a UNCITRAL arbitration between several European parties on the one hand and an Equatorial African country to resolve a dispute arising out of a national transport sector agreement whose place of arbitration was Paris.
• Served as arbitrator appointed by one of the parties in an ad hoc arbitration subject to French law concerning a guarantee action for liability resulting from a tax audit following the sale of the target company resulting in the assessment of arrears, the seat of arbitration of which was Paris.
• Served as sole arbitrator appointed by agreement of both parties in an AAA oil and gas arbitration having its seat of arbitration in New York and subject to the laws of New York, the award in which was contested by a party and confirmed by the courts of the United States. First, in parallel to the arbitration proceedings, the parties pursued local judicial proceedings to suspend the arbitration. The United States Court of Appeals, Fifth Circuit in its decision published at 330 F.3d 307, dismissed the appeal from the District Court's order to stay arbitral proceedings and compelled the parties to pursue the arbitration of their dispute. The United States Court of Appeals, Fifth Circuit in its decision noted that the jurisdiction of the state court had been challenged, a conditional request for mandamus which would have ordered the District Court to quash its order and issue a final judgment subject to appeal had been filed; the United States Court of Appeals, Fifth Circuit concluded (see Decision 2003 here) that it was not competent and dismissed the appeal and the mandamus finding no abuse of discretion. The application for certiorari to the Supreme Court of the United States was also rejected. The arbitral award was confirmed twice, first by the United States District Court, Southern District of Texas, Houston Division, in its decision of 28 February 2005 and by the United States Court of Appeals, Fifth Circuit , 2007, Apache Bohai Corporation LDC; Apache China Corporation LDC c. Texaco China BV, Defendant-Appelant (480 F.3d 397 5th Cir. - see decision of 2007 here). The District Court for the Southern District of Texas upheld the arbitral award, determining that the arbitrator did not exceed his powers by considering the validity of the limitation of liability clause under the law applicable to the arbitration. See also discussion at 445 TEXAS TECH LAW REVIEW [Vol. 40: 445]. This arbitral award and the subsequent related judicial decisions are cited as confirmation of the principle that a tribunal considering whether arbitrators have exceeded their powers must resolve any doubt in favor of arbitration. (see for example).
• Served as arbitrator appointed by one of the parties in an ad hoc arbitration subject to French law to resolve a claim to reduce the acquisition price of a company, taking into account the alleged concealment of information that altered the consent of the purchaser, the seat of arbitration of which was Paris.
• Served as sole arbitrator appointed by agreement of the parties on a proposal by the ICC in an ICC arbitration subject to English law between the architect and the owner of a project to construct a hotel complex in the Caribbean, with the arbitration tconducted in London.
• served as "wing arbitrator" appointed by the AAA in the arbitration of a dispute relating to the supply of vanilla under a contract between a producer in the Indian Ocean and a leading US non-alcoholic beverages multinational.