Attorney/ arbitrator/ mediator
Areas of Expertise:
✔ Aviation ✔ Banking & finance
✔ Contract Disputes ✔ Energy including oil and gas
✔ Environmental ✔ Franchise
✔ Insurance ✔ Intellectual Property
✔ International ✔ Joint Ventures
✔ Land Use/Planning ✔ Legal Malpractice
✔ Licensing ✔ Mergers & Acquisitions
✔ Partnerships ✔ Pharmaceuticals
✔ Professional Liability ✔ Professional Malpractice
✔ Professional Negligence ✔ Securities
✔ Technology ✔ Telecommunications
✔ Trade Secrets and Confidentiality Disputes
During her decades litigating and her many years serving as an arbitrator and mediator in complex domestic and international litigations, arbitrations and mediations, Ms. Sussman has gained broad experience in business disputes. Her extensive background enables her to quickly understand business issues and concerns and to manage both the arbitration and mediation process efficiently and fairly. As a full time independent arbitrator and mediator Ms. Sussman has handled over 200 arbitrations and over 200 mediations under many institutional rules and ad hoc rules with a value of $1 million to $1 billion. Matters she has handled have involved contract interpretation, financing and banking transactions, energy, environment, franchises/distributorships, partnership and joint venture, insurance, mergers/acquisitions, accounting, intellectual property, construction, securities, real estate, pharmaceuticals, hospitality, aviation and professional liability. Ms. Sussman is a member of the panel of many of the leading dispute resolution institutions around the world and her work in the ADR field has been recognized repeatedly. She is a frequent speaker and author on arbitration, mediation, energy and environmental issues.
Formerly a partner at White & Case, Edna Sussman is the principal of SussmanADR LLC and the Distinguished ADR Practitioner in Residence at Fordham University School of Law. Additional information and a CV is available at www.SussmanADR.com.
Representative arbitration and mediation matters: • Commercial contracts: broad range of commercial disputes including payment, pricing, defective deliverables, delays, deficient services, fraud, commercial code, warranties; • Franchises/distributorships/agencies: terminations, failure to support, royalty payments, non-compete; exclusive arrangements, coop advertising, best/commercially reasonable efforts, targets; • Energy: electricity production, pricing and distribution, energy service contracts, photovoltaic/solar, wind turbines, energy intellectual property, hydraulic fracturing (fracking), renewable energy credits, oil spills and clean ups, energy service company (ESCOs), PMPA; • Intellectual property: Patent licensing, R&D, ownership disputes, patent infringement, trade secret misappropriation, trade mark infringement, trade dress, violations of non-disclosure agreements, FRAND, laches; • Partnerships and Joint Ventures: entitlement to payments and ownership, accounting, mismanagement and misappropriation, breach of non-compete, removal of general partner; • Insurance: Bermuda form, E&O professional liability, credit risk, property and casualty, builders risk, malpractice, fidelity, title, transit, mold, stop loss, health, FEMA, employment practices; • Corporate mergers, acquisitions and dissolutions: breaches of reps and warranties, post-closing adjustments, earn-outs entitlement, violation of non-compete, asset valuation, fraud; • Financial matters: bank/broker/customer, debt obligations, fees, guarantees, hedge fund, private placements, private equity, mortgage backed securities, structured products, secured transactions; • Construction and Real Estate: construction disputes, delay damages, defects, developer/landlord and tenant/coop/condo, breaches of contract for sale, sub-prime mortgages; • Securities: fraud, customer/broker/investment adviser disputes, private placements, churning; • Professionals: accountant’s liability (e.g. audit, tax advice), attorney malpractice, fee collections; • Environmental:, remediation responsibility, defective remediation systems, oil spills, superfund, infrastructure disputes, RECs, environmental assessments, storm water management; • Pharmaceuticals and Health Care: product development, manufacture, delivery, licensing, royalties, M&A, distribution, marketing, therapeutic services, recall, FDA issues, valuations; • Aviation: defective parts supply claims, failure to supply and delay, intellectual property ownership claims, real estate lease for crew layovers, sales commission for aircraft sales; • Hospitality: development projects, motel and fast food franchisee and distributorship disputes; • Telecommunication: mobile phone software infringement, off shore customer services, FRAND disputes, licensing disputes, executive stock options • Employment: executive compensation, stock options, bonuses, wrongful termination.
Faculty: Conducts semi-annual two day training for new American Arbitration Association arbitrators (one of six AAA trainers nationwide) and AAA training for new mediators, conducts one day training for the ICDR’s experienced arbitrators; delivers training for new arbitrators for the NYSBA; serves as faculty for many others; Training: International Centre for Dispute Resolution, CPR, ICC and LCIA, numerous programs; American Arbitration Association, numerous arbitrator trainings annually from 1994' New York Stock Exchange and National Association of Securities Dealers, arbitrator training; United States District Court for the Southern District of New York, mediation training (1997); United States Bankruptcy Court and New York State Supreme Court, mediation trainings; U.S. Institute for Environmental Conflict Resolution, conciliation training
Bar Admissions: New York 1974; U. S. District Court Southern and Eastern Districts of New York; United States Court of Appeals, 2nd and 3rd Circuits; United States Supreme Court; LEED (Leadership in Energy and Environmental Design) certified, U.S. Green Building Council 2003.
2014 Achievement Award, Association for Conflict Resolution; ADR Champion 2017 National Law Journal & Legal Times; Chambers USA ranked for International Arbitration and Mediation; Chambers International ranked for International Arbitration; Who's Who of International Commercial Arbitration; Ranked Tier One for Alternative Dispute Resolution in New York City by U.S. News & World Report; Rated One of the Ten Outstanding International Mediators by Who’s Who Legal International Commercial Mediation, 2013; Selected based on peer review as Best Lawyer’s “2012 New York City Mediation Lawyer of the Year” (one selected); Who's Who of International Commercial Mediation; Best Lawyer and Super Lawyers - listed annually for Arbitration and Mediation; Selected as an Outstanding Woman in Energy Law by Energy Law 360; U.S. Environmental Protection Agency, Region 2, Environmental Quality Award; Judged final round vis moot Hong Kong 2012
Member of the panels of the AAA (American Arbitration Association)( large complex case, commercial, energy and mediation panels), AAA's division the ICDR (International Centre for Dispute Resolution), CPR (International Institute for Conflict Prevention and Resolution) ( national commercial, international, energy oil & gas, franchise, banking, accounting and financial services panels) , Hong Kong, South China, Shanghai, Vietnam, Korea, Singapore, Swiss, Dubai, Vienna,British Columbia, Kigali, Lagos and Kuala Lumpur Centres, Energy Arbitrators List Around the World, FINRA (securities disputes), National Futures Association, U.S. Institute for Environmental Conflict Resolution, federal, state and bankruptcy courts in N.Y., listed by ICC.
American Arbitration Association, Board Member; New York International Arbitration Center, Vice–Chair and Board Member; College of Commercial Arbitrators, President 2015-2016; Chartered Institute of Arbitrators, Fellow; International Mediation Institute, certified; AAA-ICDR Foundation- Chair of the Board; Fordham Law School- Co-chair annual International Arbitration and Mediation Conference American Bar Association (ABA) • Co-Chair, 2010-2012 Arbitration Committee, Section of International Law • Co- Chair, 2009-2012 Arbitration Committee and Member of Council, Dispute Resolution Section • Chair, Alternative Dispute Resolution Committee (2008-2010) and Renewable Energy Resources Committee (2006-2008), Section of Environment Energy and Resources; New York State Bar Association (NYSBA) • Chair, 2010-2011, Dispute Resolution Section • Co-Editor-In-Chief, New York Dispute Resolution Lawyer (2009- to date); New York City Bar Association (NYCBA) • Chair, Energy Committee (2006-2009) • Member, International Commercial Disputes Committee; Energy Bar Association (EBA) • Chair, Alternative Dispute Resolution Committee (2008-2009); ICC, U.S. Member of the ICC Consultative Task Force on the ADR, Expertise and Dispute Board Rules., task force on Emergency Arbitrators; International Bar Association, Member Arbitration and Mediation committees, member subcommittee on IBA Rules on Investor State Mediation; London Court of International Arbitration, Member, North American Users Member’s Council.
Barnard College (B. A. 1970) Columbia Law School (J.D. 1973)
Selected Publications: A complete list and copies of all articles are on line at www.SussmanADR.com - A General Overview of the Conduct of International Arbitration Proceedings in the United States, forthcoming in International Arbitration in the United States (Kluwer Publ. 2017); - The Arbitrator Survey, Practices, Preferences and Changes on the Horizon, Am. Rev. Intl. Arb.2015; - The Path Forward: A Convention for Enforcement of Mediated Settlements, TDM 2015; - Evaluating the Advantages and Drawbacks of Emergency Arbitrators, NY Law Journal 2015; - Ethics in International Arbitration, in Soft Law in International Arbitration, Juris Publ. 2014; - Arbitrator Decision Making: Unconscious Psychological Influences and What you can do About Them, American Review of International Arbitration, 2013; - Med-Arb:An Argument for Favoring Ex Parte Communications, World Arb. and Mediation Rev., 2013; -Improving your Arbitration Presentation with a Mock Arbitration: NY Disp. Res. Lawyer, 2012; - All’s Fair in Love and War: or is it?: Reflections on An International Code of Ethics for Counsel in Arbitration, American Review of International Arbitration, 2012; - Drafting the Arbitration Clause: A Primer, Dispute Resolution Journal, 2012; - Use of Dispositive Motions in Arbitration, NY Dispute Resolution Lawyer, Spring 2011; - Time and Cost Solutions for Commercial Arbitration, Dispute Resolution Journal, 2011; - A Multilateral Energy Sector Investment Treaty: International Lawyer, 2011; - Combinations and Permutations of Arbitration and Mediation: in ADR in Business, Kluwer Publ.2011; - The Advantages of Mediation in Investor State Disputes, Revista Brasileira de Arbitragem, 2011.
Additional information and a CV is available at www.SussmanADR.com.