Jay w. Elston
Jay W. Elston Arbitration
Areas of Expertise:
✔ Arts (Fine, Performing) ✔ Banking & finance
✔ Commercial/Business ✔ Construction
✔ Contract Disputes ✔ Eminent Domain
✔ Energy including oil and gas ✔ Environmental
✔ Family Businesses ✔ Health Care
✔ Industrial ✔ Insurance
✔ International ✔ Joint Ventures
✔ Legal Malpractice ✔ Mergers & Acquisitions
✔ Partnerships ✔ Professional Malpractice
✔ Real Estate ✔ Securities
✔ Shareholder Disputes ✔ Trademarks
✔ Trade Secrets and Confidentiality Disputes ✔ Transportation
Expertise in a particular area of the law and experience with the business is always helpful in arbitrating disputes involving that law and that business. Most of my career has been spent learning the oil-gas-energy business and the laws that relate thereto, beginning at the source, the land, and going downstream to the burner tip and the user of the energy.
/br/> I have found that the energy business is not a straight line from production to sale; there are many peripheral matters that become large and independent issues in themselves -- such as the processing of oil and gas, and the manufacture of products therefrom. Every business is also impacted by the financing requirements for its creation and growth, by governmental regulation and taxes, by the requirements of marketing, and particularly by the business relationships inherent in its operations.
/br/> My legal experience therefore makes me a generalist, rather than a specialist. I rely on counsel for the parties to educate me on the technology, facts and law relevant to the dispute in question, but feel free (and obligated) to pursue the issues through the witnesses and the documents in order to become knowledgeable about the matter before me, such that my analysis will be informed and able to lead me to the correct result.
/br/> My experience in hundreds of arbitrations leads me to conclude that the efficiency of the process is very important: achieving the correct result (which is also the fair result) at the least cost in time and money is the best way for me to perform my service as an arbitrator.
1995 to Date - Independent Arbitrator and Neutral 1985 - 1995- Vice President and Associate General Counsel of Transco Energy Company, a major interstate pipeline and integrated energy company. Primary Responsibility Litigation and Disputes for Corporation, Secondary Responsibility for Subsidiaries' legal requirements in investigations, environmental, transactions, sales and marketing matters 1983-1985 Jay W. Elston, Attorney-at-Law, specializing in oil-and-gas ventures, regulated and unregulated transportation matters,, commercial arbitration 1961-1983 Partner and Associate of Fulbright & Jaworski, a full service law firm, areas of practice including Oil and Gas, Public Utility, Transportation, Real Estate, Administrative Law and Federal Regulated industries
I have acted as sole or panel arbitrator in over 400 commercial cases, including a class action matter supervised by the AAA. While the arbitrator's objective is always to get the right result, it is apparent that efficiency in the process should also be an arbitrator's goal for it is necessary if the benefits of a right result are diminished or lost thereby. Example of a complex case: Trustee for Bondholders vs. Insurance Company, with over 120 separate claims under environmental insurance policies related to the mortgages of hundreds of commercial properties which had been bundled for marketing through securities brokers. The complexity of the claims and the numerous technical issues to be resolved for each claim required over sixty hearing days. Example of a narrow case: Owner and Operator dispute over the language used in an early termination provision of the operating agreement required only one and a half hearing days Example of a narrow case that became complex: Dispute by partners in a pipeline over the fiduciary duties owed by the operating partner to the non-operating partner. Because of preceding relationships of the parties, governmental intervention and related litigation, together with changes in computer technology during the long-running dispute, the arbitral issues required in excess of sixty hearing days to resolve.
Current and continuous continuing education to maintain proficiency and standing to practice law - fifty-five years, and current and continuous continuing education to maintain proficiency and standing to serve as neutral arbitrator for American Arbitration Association - thirty-five years
Admitted to practice law in the State of Texas, in the United States Supreme Court the Courts of Appeal for the Fifth, Tenth, and Eleventh Circuits, and the United States District Court for the Southern District of Texas.
Member, American Arbitration Association, National Panel of Arbitrators for Large Complex Cases, AAA Advisory Panel for Southwest Texas Region on Large Complex Case Program, AAA Panel of Arbitrators for Southwest Region - Houston, AAA International Panel - New York, AAA Energy Panel - Houston.
Member, City of Houston, State of Texas, and American Bar Associations
Rice University, B.A. 1958 University of Texas, J. D. 1961
Member, Editorial Committee, CCA Guide to Best Practices in Commercial Arbitration