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David C. Singer, Esq.
(646) 220-1749 dsinger@singeradr.com www.singeradr.com 165 West End Avenue Suite 10E New York, New York 10023 |
Arbitrator Experience
I have over 30 years of experience as an independent arbitrator of domestic and international matters, including as chair of three arbitrator panels and as a single arbitrator. I have arbitrated hundreds of cases focusing on business and commercial contracts, corporate transactions, executive employment agreements and distributor and dealer agreements in a wide variety of industries including financial services, real estate, fashion and apparel, medical and healthcare, technology, business equipment, hospitality, professional services, telecommunications. I am known for case management skills and moving cases to conclusion in a fair, efficient and cost effective manner. The following are examples of arbitrations I have conducted:
* International: Arbitrated breach of series of contracts, fraud and related claims between large German manufacturer and U.S. distributor of plastic storage pallets; arbitrated breach of agreement between Russian manufacturer and U.S. marketer of alcoholic beverages; arbitrated breach of contract and wrongful termination of Brazilian-Central American distributor by large U.S. telecommunications company; arbitrated dispute between major international bank and its primary software provider.
* Partnership: Arbitrated numerous disputes among partners, joint venture parties, LLC members and managers, investors and co-owners: real estate developers, hedge funds, private equity, investment banking and other financial institutions, medical practices, family owned businesses, self-storage companies, pharmaceutical company, accounting firms and law firms.
* Commercial/Business Transactions: Arbitrated claims arising out of mergers and acquisitions of businesses, including accounting firm, restaurant business, document storage company, car wash company, seed company, real estate complex (valuations, fraud, breach of reps and warranties, post-closing purchase price adjustments, post-closing liability allocation); contract disputes among distributors, dealers, retailers and/or franchises; complex purchase and sale agreements involving non-conformity with specifications, non-payment; large IPO transaction; dispute between large pharmaceutical company and insurer.
* Employment: Arbitrated numerous breach of executive employment agreements, consulting agreements, independent contractor agreements involving hedge funds, private equity, banks and other large financial institutions, hospitality companies, medical practices, other businesses; arbitrated claims brought against prominent university by professor alleging breach of contract, gender and religious discrimination; arbitrated statutory and common law claims of discrimination, retaliation, wrongful termination, misclassification, FLSA, wage & hour, defamation; arbitrated claims involving pension plans, severance plans, deferred compensation, stock option plans, other benefits.
* Technology: Arbitrated contract dispute arising from sale of manufacturer of sensors used in the manufacture of semi-conductors; arbitrated contract dispute between major electronics manufacturer and computer software vendor; arbitrated dispute between major international bank and its primary software provider.
* Real Estate & Construction: Arbitrated disputes arising out of multi-billion dollar initial public offering REIT transaction, including claims of fraud, breach of contract and defamation; arbitrated complex purchase and sale (“mixing bowl”) of multi-use property subject to mandatory affordable housing.
* Restrictive Covenants: Arbitrated numerous cases involving claims brought by employers with against former executives and other employees for breach of non-competition, non-solicitation, confidentiality, defamation, other post-employment covenants, involving damages, forfeiture of stock options, deferred compensation, severance and disgorgement of compensation.
* Telecommunications: Arbitrated claims of breach of contract, wrongful termination and national origin discrimination brought by large U.S. dealership against large telecommunications company; arbitrated breach of contract and wrongful termination claims brought by large Brazilian-Central American distributor against major U.S. telecommunications company.
* Healthcare and Pharmaceutical: Arbitrated large breach of contract claims between major insurance company and pharmaceutical dealer and distributor; arbitrated issues arising from break-up of healthcare and medical practices
* Professional Liability: Arbitrated malpractice and breach of contract claims against law firms.
I have served as emergency arbitrator and handled applications for interim measures/emergency relief, and then been requested to serve as arbitrator for entire proceeding.
For 37 years, I practiced law as a civil trial attorney, and trusted advisor to large and small businesses and individuals, specializing in business, employment and international matters before federal and state courts, government agencies, arbitration tribunals and mediation forums.
* International: Lead arbitration counsel in Stockholm Chamber of Commerce arbitration for Brazilian client against Chinese entity involving claims of failure to produce high-tech sensors conforming to specifications and counterclaims for theft of computer software and related technology (following evidentiary hearing in London, favorable award on claims and counterclaims); ICC arbitration for British pension fund concerning claims of multi-million dollar breach of stock purchase agreement involving sale of hotel and office complex (favorably settled); AAA arbitration for professional Dutch photographer against talent management company concerning contract termination and penalties (favorably settled). Lead trial counsel for owner of Argentinian jet aircraft distributor brought by prior owner alleging interference with contract and related claim (following three-week trial in New Jersey Court, decision in favor of client).
* Commercial/Business Transactions: Lead trial counsel for major solarium manufacturer and distributor involving claims of breach of contract and unfair trade practices in Massachusetts federal court (jury verdict for client and award of counterclaims); major tax services provider involving claims of fraud and breach of contract in New Jersey Court (jury verdict for client); liquidator of financial assets in Hong Kong in involving breach of ISDA Master Agreement New York federal court (favorably settled); investment consultant involving breach of commodities contract, fiduciary duty, securities and commodities-related claims (partial summary judgment granted and affirmed on appeal, successful trial of remaining claims).
* Employment: Lead arbitration counsel in dispute between executive employee and former employer involving claims for non-payment of salary, severance and expense reimbursement; action involving claims for unpaid sales commissions and other compensation (favorably settled); Lead trial counsel in employment discrimination/whistleblower action in Michigan federal court asserting retaliation and unlawful termination (summary judgment in favor of client); age discrimination proceeding (following trial before NYS Division of Human Rights, decision in favor of client); employment discrimination cases involving age, race, national origin, gender, disability, sexual harassment, sexual orientation.
* Restrictive Covenants: Lead trial counsel in action asserting claims of breach of restrictive covenants, confidentiality agreements and fiduciary duty, tortious interference with contracts (summary judgment in favor of client; affirmed on appeal).
* Real Estate & Construction: Lead arbitration counsel in AAA arbitration for United Nations Mission with general contractor, sub-contractor and architect in construction dispute (after 22 day evidentiary hearing, settled for nominal amount); ICC arbitration for British pension fund concerning claims of multi-million dollar breach of stock purchase agreement involving sale of hotel and office complex (favorably settled); AAA arbitration among real estate owners/developers involving valuation of real property, constructive trust and fraud claims (following evidentiary hearing, award in favor of clients); AAA arbitration among partners in real estate partnership involving valuation and buy-out of third partner (following evidentiary hearing, award in favor of client). Lead trial counsel in partnership dissolution action (following property valuation trial, decision in favor of clients); major commercial lease dispute (following bench trial, decision in favor of client).
* International: Arbitrated breach of series of contracts, fraud and related claims between large German manufacturer and U.S. distributor of plastic storage pallets; arbitrated breach of agreement between Russian manufacturer and U.S. marketer of alcoholic beverages; arbitrated breach of contract and wrongful termination of Brazilian-Central American distributor by large U.S. telecommunications company; arbitrated dispute between major international bank and its primary software provider.
* Partnership: Arbitrated numerous disputes among partners, joint venture parties, LLC members and managers, investors and co-owners: real estate developers, hedge funds, private equity, investment banking and other financial institutions, medical practices, family owned businesses, self-storage companies, pharmaceutical company, accounting firms and law firms.
* Commercial/Business Transactions: Arbitrated claims arising out of mergers and acquisitions of businesses, including accounting firm, restaurant business, document storage company, car wash company, seed company, real estate complex (valuations, fraud, breach of reps and warranties, post-closing purchase price adjustments, post-closing liability allocation); contract disputes among distributors, dealers, retailers and/or franchises; complex purchase and sale agreements involving non-conformity with specifications, non-payment; large IPO transaction; dispute between large pharmaceutical company and insurer.
* Employment: Arbitrated numerous breach of executive employment agreements, consulting agreements, independent contractor agreements involving hedge funds, private equity, banks and other large financial institutions, hospitality companies, medical practices, other businesses; arbitrated claims brought against prominent university by professor alleging breach of contract, gender and religious discrimination; arbitrated statutory and common law claims of discrimination, retaliation, wrongful termination, misclassification, FLSA, wage & hour, defamation; arbitrated claims involving pension plans, severance plans, deferred compensation, stock option plans, other benefits.
* Technology: Arbitrated contract dispute arising from sale of manufacturer of sensors used in the manufacture of semi-conductors; arbitrated contract dispute between major electronics manufacturer and computer software vendor; arbitrated dispute between major international bank and its primary software provider.
* Real Estate & Construction: Arbitrated disputes arising out of multi-billion dollar initial public offering REIT transaction, including claims of fraud, breach of contract and defamation; arbitrated complex purchase and sale (“mixing bowl”) of multi-use property subject to mandatory affordable housing.
* Restrictive Covenants: Arbitrated numerous cases involving claims brought by employers with against former executives and other employees for breach of non-competition, non-solicitation, confidentiality, defamation, other post-employment covenants, involving damages, forfeiture of stock options, deferred compensation, severance and disgorgement of compensation.
* Telecommunications: Arbitrated claims of breach of contract, wrongful termination and national origin discrimination brought by large U.S. dealership against large telecommunications company; arbitrated breach of contract and wrongful termination claims brought by large Brazilian-Central American distributor against major U.S. telecommunications company.
* Healthcare and Pharmaceutical: Arbitrated large breach of contract claims between major insurance company and pharmaceutical dealer and distributor; arbitrated issues arising from break-up of healthcare and medical practices
* Professional Liability: Arbitrated malpractice and breach of contract claims against law firms.
I have served as emergency arbitrator and handled applications for interim measures/emergency relief, and then been requested to serve as arbitrator for entire proceeding.
For 37 years, I practiced law as a civil trial attorney, and trusted advisor to large and small businesses and individuals, specializing in business, employment and international matters before federal and state courts, government agencies, arbitration tribunals and mediation forums.
* International: Lead arbitration counsel in Stockholm Chamber of Commerce arbitration for Brazilian client against Chinese entity involving claims of failure to produce high-tech sensors conforming to specifications and counterclaims for theft of computer software and related technology (following evidentiary hearing in London, favorable award on claims and counterclaims); ICC arbitration for British pension fund concerning claims of multi-million dollar breach of stock purchase agreement involving sale of hotel and office complex (favorably settled); AAA arbitration for professional Dutch photographer against talent management company concerning contract termination and penalties (favorably settled). Lead trial counsel for owner of Argentinian jet aircraft distributor brought by prior owner alleging interference with contract and related claim (following three-week trial in New Jersey Court, decision in favor of client).
* Commercial/Business Transactions: Lead trial counsel for major solarium manufacturer and distributor involving claims of breach of contract and unfair trade practices in Massachusetts federal court (jury verdict for client and award of counterclaims); major tax services provider involving claims of fraud and breach of contract in New Jersey Court (jury verdict for client); liquidator of financial assets in Hong Kong in involving breach of ISDA Master Agreement New York federal court (favorably settled); investment consultant involving breach of commodities contract, fiduciary duty, securities and commodities-related claims (partial summary judgment granted and affirmed on appeal, successful trial of remaining claims).
* Employment: Lead arbitration counsel in dispute between executive employee and former employer involving claims for non-payment of salary, severance and expense reimbursement; action involving claims for unpaid sales commissions and other compensation (favorably settled); Lead trial counsel in employment discrimination/whistleblower action in Michigan federal court asserting retaliation and unlawful termination (summary judgment in favor of client); age discrimination proceeding (following trial before NYS Division of Human Rights, decision in favor of client); employment discrimination cases involving age, race, national origin, gender, disability, sexual harassment, sexual orientation.
* Restrictive Covenants: Lead trial counsel in action asserting claims of breach of restrictive covenants, confidentiality agreements and fiduciary duty, tortious interference with contracts (summary judgment in favor of client; affirmed on appeal).
* Real Estate & Construction: Lead arbitration counsel in AAA arbitration for United Nations Mission with general contractor, sub-contractor and architect in construction dispute (after 22 day evidentiary hearing, settled for nominal amount); ICC arbitration for British pension fund concerning claims of multi-million dollar breach of stock purchase agreement involving sale of hotel and office complex (favorably settled); AAA arbitration among real estate owners/developers involving valuation of real property, constructive trust and fraud claims (following evidentiary hearing, award in favor of clients); AAA arbitration among partners in real estate partnership involving valuation and buy-out of third partner (following evidentiary hearing, award in favor of client). Lead trial counsel in partnership dissolution action (following property valuation trial, decision in favor of clients); major commercial lease dispute (following bench trial, decision in favor of client).
