hero-find-an-arbitrator

Phone: (206) 780-5037

719 Second Ave., Ste. 1150

Seattle, WA 98104

Thomas J. Brewer

Profession:

Full-time independent arbitrator.

Current Employer:

Self-employed.

Areas of Expertise:

✔ Antitrust ✔ Aviation
✔ Biotech ✔ Class Actions
✔ Commercial/Business ✔ Construction
✔ Contract Disputes ✔ Copyrights
✔ Energy including oil and gas ✔ Environmental
✔ Family Businesses ✔ Franchise
✔ Health Care ✔ Industrial
✔ Insurance ✔ Intellectual Property
✔ International ✔ Joint Ventures
✔ Legal Malpractice ✔ Licensing
✔ Mergers & Acquisitions ✔ Mining
✔ Partnerships ✔ Pharmaceuticals
✔ Professional Liability ✔ Professional Malpractice
✔ Professional Negligence ✔ Real Estate
✔ Securities ✔ Shareholder Disputes
✔ Software ✔ Sports
✔ Technology ✔ Telecommunications
✔ Trademarks ✔ Trade Secrets and Confidentiality Disputes
✔ Transportation ✔ Trusts/Estates
✔ Utilities

Experience:

Arbitrator and dispute resolution neutral in international and domestic disputes since 1985. Practice limited to providing arbitration and other alternative dispute resolution services since 2000. Experience serving as an arbitrator in cases administered by AAA, ICDR, JAMS, ICC, LCIA, SIAC and under the UNCITRAL, CPR, Society of Maritime Arbitrators and American Association of Railroads rules, and in numerous other non-administered cases.

Served as an arbitrator in hundreds of business disputes involving a wide variety of parties and issues. The cases have ranged in size and complexity from eight-, nine- and ten-figure intellectual property, licensing, energy and international disputes, to a broad range of other disputes involving aviation, breach-of-contract, breach of warranty, business purchase and sale, unfair competition and other business torts, construction, franchise, commercial health care, insurance coverage,M&A/joint venture, LLC, partnership and shareholder, professional liability, railroad, real estate, telecommunications, valuation and many other types of issues.

Detailed c.v., and specific examples of arbitration and special master experience, posted at www.tjbrewer.com

Work History:

Trial lawyer, 1975-2000. Full-time independent arbitrator, 2000-present.

Cases:

Prior cases include: • A domestic arbitration between a U.S. State government and a major oil company involving claims for royalty income damages arising out of production curtailments and pipeline replacements in a major U.S. oil field (Panel Chair). • An international arbitration involving a pharmaceutical licensing dispute between U.S. and Indian parties (Panel Chair). • An international arbitration between Belgian and Brazilian owners of a Texas oil and gas refinery relating to a corporate governance dispute and resulting valuation of the refinery (Panel Chair). • A domestic energy arbitration between parties to a long-term electric power tolling agreement involving claims for recovery of winter reliability penalties imposed by the New England ISO as ancillary charges and counterclaims alleging systematic miscalculation of availability charges (Panel Chair). • An international biotech arbitration between US and Swiss parties related to alleged breaches of a licensing agreement covering certain genotypes sold for use in a test kit for human papillomavirus (Neutral Panelist). • A patent licensing dispute related to telecommunications technology involving FRAND and antitrust defenses and counterclaims (Neutral Panelist). • A domestic energy arbitration between an RTO and a transmission customer that operates an electric power plant over alleged breaches of a service agreement (Panel Chair). • A domestic energy arbitration involving a dispute over interpretation of the price term in a long-term gas purchase contract (Panel Chair). • An international arbitration of an antitrust dispute between a large U.S. national retailer and a Japanese manufacturer relating to alleged price-fixing on flat screen technology products (Sole Arbitrator). • A domestic energy arbitration between parties to an oil and gas participation agreement over interpretation and implementation of an “area of mutual interest” provision (Neutral Panelist). • An international arbitration between a U.S. manufacturer of business jets and a European customer involving breach of warranty claims (Panel Chair). • A domestic arbitration between a prominent professional athlete and a manufacturer of athletic clothing and footwear arising out of an international licensing and promotional agreement (Panel Chair). • An international arbitration between Swedish and U.S. parties involving alleged breaches of a patent licensing agreement covering certain microprocessor technology used in cell phones (Neutral Panelist). • An international energy arbitration between a Canadian governmental entity and a private hydroelectric power generator relating to alleged breaches of a long-term electric power supply contract (Sole Arbitrator). • An international arbitration between US and Indian parties relating to interpretation and enforcement of the royalty provision in a software licensing agreement permitting manufacture of a GPS navigational product sold to the commercial aviation industry (Neutral Panelist). • An international arbitration between Israeli and Chinese parties relating to sales and licensing of a technology product in China (Neutral Panelist). • An international arbitration between US and Austrian parties arising out of the sale of a software company involving alleged breaches of representations and warranties given by the sellers (Neutral Panelist). • An international arbitration between a U.S. seller and a Japanese buyer involving alleged breaches of an asset purchase agreement for a nanocrystal technology business (Sole Arbitrator). • Service as an Emergency Arbitrator pursuant to Article 37 of the ICDR’s International Arbitration Rules in several cases. Additional examples posted at www.tjbrewer.com

License:

Washington State Bar Association and various federal court admissions, including the U.S. Supreme Court.

Awards:

Fellow, College of Commercial Arbitrators. Fellow, Chartered Institute of Arbitrators. Listed in Who's Who Legal: Arbitration 2017 (WWL comment: "'superlative' and was particularly picked out for his expertise relating to IP disputes and energy cases") and prior years, Best Lawyers In America (arbitration) 2017 and prior years, Washington Super Lawyers 2000-17. Selected by Best Lawyers as Lawyer of the Year for arbitration in Seattle in 2015 and again in 2017.

Panels:

Member of the International Centre for Dispute Resolution’s (“ICDR”) International Roster of arbitrators and of its Energy Arbitrators List. Member of the American Arbitration Association’s Commercial, Large Complex Case, and Construction Panels of arbitrators, and of the AAA’s National Energy, M & A/Joint Ventures, and Aerospace, Aviation & National Security panels of arbitrators. Member of the AAA's Master Mediator Panel for both commercial and construction cases. Member of the CPR Institute’s International/Cross-Border panel of arbitrators, National Panel of Distinguished Neutrals, Energy, Oil and Gas, Commercial Real Estate and Health Care & Life Science panels of neutrals. Member, London Court of International Arbitration North American User’s Council. Also a member of the Silicon Valley Arbitration & Mediation Center's Tech List of leading arbitrators and mediators in the technology sector.

Education:

Dartmouth College (B.A., Government, magna cum laude, 1968); Oxford University (B.A., Jurisprudence, First Class Honours, Rhodes Scholar, 1973); Harvard Law School (J.D., magna cum laude, law review, 1975).

Publications:

Speaker, 2017 Energy Arbitration Conference: "Resolving Energy Arbitrations in Times of Crisis," CIArb, Houston; Speaker, 2016 AAA/ICDR National Neutrals' Conference, “Red Flags and Risk Areas for Arbitrators: A Review of Recent Cases Challenging Arbitrator Authority,” New Orleans; Speaker, AAA Seminar: "Arbitration Advocacy for Courtroom Lawyers: Two Experienced Arbitrators Discuss What Works, and What Doesn't, in Arbitration," Denver, 2015; Contributing Author, THE LEADING PRACTITIONERS' GUIDE TO INTERNATIONAL OIL & GAS ARBITRATIONS, (Juris, Gaitis ed., 2015); Contributing Author, THE COLLEGE OF COMMERCIAL ARBITRATORS GUIDE TO BEST PRACTICES IN COMMERCIAL ARBITRATION, 3rd ed., Juris Net 2013 (and to the two prior editions); Author, Arbitrator Boundaries: What Are the Limits on Arbitrator Authority? 2012 AAA YEARBOOK ON ARBITRATION AND THE LAW; Co-author, International Arbitration in Washington - The Need for the Model Law, WASHINGTON STATE BAR NEWS, vol. 66, no. 4, April 2012; Speaker, The Process and Practice of International Arbitration, ICDR Seminar, December 2011; Co-author, E-Discovery in Arbitration, CPR ALTERNATIVES, September-October, 2009; Co-author, When Arbitrators “Exceed Their Powers” – A New Study of Vacated Arbitration Awards, DISPUTE RESOL. J., Vol. 64, no. 1, February-April 2009; Speaker, “Arbitrator Update,” AAA National Neutrals’ Retreat, San Diego, February 2009; Speaker, E-Discovery in Arbitration, College of Commercial Arbitrators Annual Meeting, October 2008; Speaker, “Arbitration of Intellectual Property Disputes,” ICC International Dispute Resolution Seminar, La Jolla, October 2005 (partial listing).

Miscellaneous:

Citizenship: United States of America. Locale: USA and International. Offices in Seattle, Washington, USA.

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