hero-find-an-arbitrator

Phone: (406) 224-4228

E-mail: gaitis1@aol.com

P.O. Box 1213

Whitefish, MT 59937

James Gaitis

Profession:

Domestic & International Arbitrator

Current Employer:

International Arbitration Chambers

Areas of Expertise:

✔ Commercial/Business ✔ Construction
✔ Contract Disputes ✔ Energy including oil and gas
✔ Joint Ventures ✔ Mining
✔ Title Disputes

Experience:

1990-Present. Served as an arbitrator in approximately 200 domestic and international arbitrations. Arbitrations involved disputes relating to:

Commercial:

• commercial contract disputes
• sales of goods (UCC), asset sales
• service agreements
• fiduciary duties & agency law
• trusts
• construction claims, construction loans, manufacturing, project finance
• engineering defects
• noncompete agreements, domain names
• antitrust & restraint of trade, competition law
• acquisitions & dissolutions, joint venture disputes
• real property disputes, homeowners associations, restrictive covenants
• IP, technology licensing, patents
• requirements contracts
• franchise agreements
• secured transactions

Energy/Oil & Gas:

natural gas sales/supply contracts (e.g., re quantity, deliverability, commitment, pricing, measurement, pressure maintenance, engineering, take-or-pay obligations) joint operating
agreements, farmout agreements, joint venture disputes, project finance
oil and gas drilling operations (e.g., re horizontal, multilateral, and underbalanced drilling, completions); oil & gas development programs
production (e.g., re production sharing, gas gathering)
unitization
pipeline managment, maintenance, decomssioning
natural gas marketing (e.g., supply commitments, open price terms, price redeterminations, indexed pricing)
natural gas processing, gas gathering & allocation, gas plant accounting
natural gas, NGL, and flowing oil measurement
coalbed methane measurement and gathering
cogeneration supply contracts
oil field intellectual property/patents, drilling technology fielding testing

Member: Global Faculty & Honorary Lecturer, Centre for Energy, Petroleum & Mineral Law & Policy, Unversity of Dundee, Scotland, UK (2007-2013); CPR Energy/Oil & Gas Committee (2003-2009)

2006-2007 former Director, International Dispute Resolution Programme, Centre for Energy, Petroleum & Mineral Law & Policy, University of Dundee, Scotland, UK

6/87-6/89 Served as counsel in hundreds of trial and appellate court proceedings, and state and federal regulatory proceedings (e.g., FERC, Texas Railroad Commission, Oklahoma Corporation Commission, involving a broad variety of oil & gas issues. Acted as lead trial counsel for various domestic and international oil and gas companies, mineral interest and royalty owners, drilling contractors, service companies, gas processors, and natural gas pipelines in state and federal district court actions, state regulatory proceedings, and related appellate proceedings, as well as in arbitration proceedings, mediations, settlement conferences, and contract negotiations. Responsible for the conduct, management, supervision, and coordination of contract, tort, and antitrust litigation pending in state and federal district and appellate courts involving over three billion dollars in asserted claims. Represented domestic and international clients in commercial transactions with respect to their conduct and practices in the oil and gas business in the southwestern and western United States, and North America. Represented both creditors and debtors in bankruptcy proceedings. Substantial trial and transactional experience in matters relating to real property, UCC Article 2, construction (e.g., gas processing plant construction), surface and subsurface pollution, accounting, construction (delay issues, site remediation, lost profits, engineering), audits, dissolutions and acquisitions, allegations of fraud and breach of fiduciary duties, geology, geophysics, reservoir engineering, and most aspects of the upstream, midstream, and downstream operations in the oil & gas industry.

Work History:

James Gaitis is long-standing member of the Texas and Montana bar associations and a former trial lawyer with over 39 years overall experience dealing with complex oil & gas and business disputes. During the period from 1978 through 1989 he variously acted as in-house counsel, outside trial and transactional counsel, special outside counsel, as the partner in an oil & gas general partnership, as an officer in a closely held oil & gas producer, and as a member of the board of directors for a diverse variety of oil & gas exploration and development companies, oil & gas midstream companies and drilling contractors, and pipeline and transportation companies. Since 1990--i.e, for the last 27 years--he has limited his professional services exclusively to serving as an arbitrator/ADR Neutral in complex domestic and international arbitrations with an emphasis on oil & gas/energy and business disputes. He is the Editor of The Leading Practitioners' Guide to International Oil & Gas Arbitration (2015, Juris Publishing), the Editor-in-Chief of The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration (3rd ed. 2013, 2d ed. 2010, 4th ed. forthcoming 2017), and the former Director of the International Dispute Resolution Program at the Center for Energy, Petroleum & Mineral Law & Policy (CEPMLP), University of Dundee, Scotland.

Cases:

REPRESENTATIVE ARBITRATION APPOINTMENTS

Party-appointed arbitrator in a ten-figure ICDR oil & gas arbitration involving a dispute relating to a long-term deepwater offshore drilling contract. Sole arbitrator in an ICDR oil & gas arbitration involving a dispute pertaining to the construction and delivery of an offshore drilling jacket and related facilities for use in drilling activities in offshore West Africa. Emergency Arbitrator in an eight figure ICDR oil & gas arbitration involving a dispute relating to a production sharing/concession agreement and a related joint operating agreement covering offshore West Africa prospects

Chair (three-member panel) in an eight figure, three party ICDR arbitration involving a dispute relating to a deepwater offshore joint operating agreement

Party-appointed arbitrator in a nine figure AAA arbitration involving the alleged breach of a long-term fracking materials supply contract

Party-appointed arbitrator in an ICDR arbitration involving a dispute regarding the sale of a large construction company

List-appointed arbitrator (three-member panel) in an eight figure international arbitration involving a dispute between joint venture parties involved in the development of a coalbed methane field

Party-appointed arbitrator (three-member panel) in a nine figure ad hoc arbitration involving a dispute over the terms of a gas supply agreement covering offshore properties delivering natural gas to a large gas processing plant

List-appointed arbitrator (Chair, three-member panel) in a seven figure arbitration involving a dispute over a development agreement covering conventional and nonconventional oil & gas prospects

Party-appointed arbitrator (three-member panel) in an eight figure international arbitration regarding the sale of oil & gas properties producing from shale formations

List-appointed arbitrator (three-member panel) in a seven figure arbitration regarding a construction loan and foreclosure dispute

Party-appointed arbitrator (three-member panel) in an eight figure ad hoc arbitration involving a dispute over a co-generation gas supply contract

Party-appointed arbitrator (three-member panel) in a nine figure ad hoc arbitration regarding the parties rights and obligations under a variety of gas purchase contracts

List-appointed (sole arbitrator) arbitrator in a six figure dispute between an oil field techonology company and the owner of a test facility regarding the testing of a new drilling system and drill bit techonology

Chair, three-member panel, in a seven figure ad hoc arbitration regarding the sale of real property and the appraised value thereof

List-appointed arbitrator (three-member panel) in a seven figure international arbitration regarding a dispute between producers concerning the measurement of oil produced from offshore wells

Party-appointed arbitrator (three-member panel) in an eight figure arbitration regarding a dispute concerning the fulfillment of earn-in provisions of a farmout agreement

List-appointed arbitrator (three-member panel) in a seven figure international arbitration concerning a manufacturing and distribution dispute regarding products manufactured in China and the United States

Party-appointed arbitrator (three-member panel) in an eight figure arbitration regarding the terms of a number of gas processing and gathering agreements and a related allocation agreement

Party-appointed arbitrator (three-member panel) in a seven figure arbitration regarding the storage of natural gas liquids

List-appointed arbitrator (sole arbitrator) in a seven figure arbitration regarding the decommissioning and sale of pipeline facilities, and the rights and obligations of parties under a unitization agreement

Party-appointed arbitrator (three-member panel) in an eight figure international ad hoc arbitration involving a dispute between foreign parties associated with the sale of all of the assets of a privately held corporation

Party-appointed arbitrator (three-member panel) in an eight figure international ad hoc arbitration between an oil & gas service company and an individual party regarding various issues associated with United States and foreign patent law as pertained to the parties rights and obligations under a milestone design sales agreement regarding multilateral drilling technology

Party-appointed arbitrator (three-member panel) in an eight figure ad hoc arbitration between the owner of a large gas processing plant and a gas supplier regarding the measurement of processed natural gas liquids

List-appointed arbitrator (three-member panel) in a seven figure arbitration regarding a joint venture manufacturing dispute

Party-appointed arbitrator (three-member panel) in an eight figure international ad hoc arbitration between an oil & gas service company regarding the sales of underbalanced drilling technology and the enforcement of a noncompete agreement under the laws of a variety of nations

Sole arbitrator in an eight figure arbitration regarding a dispute between the operator of certain natural gas wells and the owners of royalty and overriding royalty interests

Party-appointed arbitrator (Chair, three-member panel) in a seven figure ad hoc arbitration involving a dispute associated with the residential development of real property

Party-appointed arbitrator (Chair, three-member panel) in an eight figure international ad hoc arbitration between an operator and non-operating working interest owners concerning the parties' rights and obligations under the accounting provisions of a joint operating agreement

List-appointed arbitrator (sole arbitrator) in an arbitration requiring a declaratory judgment of the parties' rights and obligations in connection with the sale of a business interest, a noncompete agreement, domain names, and certain federally-granted licenses

Party-appointed arbitrator (three-member panel) in an eight figure ad hoc arbitration between a gas gatherer and a distribution company regarding a gas purchase agreement and alleged pressure maintenance obligations

List-appointed arbitrator (sole arbitrator) in a seven figure arbitration regarding a franchise agreement dispute

List-appointed arbitrator (sole arbitrator) in an arbitration requiring a declaration of the operation of certain construction aspects of CC & Rs applying to a luxury residential community

Party-appointed arbitrator (three-member panel) in an eight figure ad hoc arbitration involving a variety of gas purchase contracts and issues associated with well deliverability, spot market and contract pricing, pressure & pipeline maintenance, etc.

Training:

ICDR, Advanced Case Management Training, 2012; AAA mediation training, 4/93; AAA advanced arbitrator training, 5/95; AAA arbitrator training, 7/03; AAA advanced arbitrator training, 5/04; AAA Annual Training/2005; Chartered Institute of Arbitrators International Arbitration Workshop & Exam, 2/03. Various ADR CLE Programs sponsored by the ABA, ICC, IBA, The College of Commercial Arbitrators, and state bar associations.

License:

Texas, Montana, Oklahoma (1979-2009), Fellow & Chartered Arbitrator, Chartered Institute of Arbitrators

Panels:

Energy Arbitrators List
ICDR Panel of International Arbitrators
ICDR Panel of International Energy Arbitrators
CPR Energy/Oil & Gas Panel
CPR Cross-Border Panel (International Arbitration) AAA Large, Complex Case Panel
AAA National Energy Panel
AAA Mergers Panel AAA Acquisitions Panel AAA Construction Panel British Columbia
International Commercial Arbitration Centre, International Panel
Chartered Institute of Arbitrators
AAA Real Estate Panel
AAA National Roster of Neutrals
National Academy of Distinguished Neutrals

Associations:

College of Commercial Arbitrators (Fellow (since 2004); Member, Board of Directors—2006-2008; Fall 2012-2015));
Chartered Institute of Arbitrators (Fellow since 2004); Member, Standing Subcommittee on Arbitration London Court of International Arbitration, North American Users' Council
National Academy of Distinguised Neutrals
Texas State Bar (1979-present)
State Bar of Montana (1993-present)
Oklahoma Bar Association (1979-2009)
Centre for Energy, Petroleum & Mineral Law and Policy, University of Dundee, Scotland (2006-2013)
Association of International Petroleum Negotiators (AIPN)
Institute for Transnational Arbitration

Education:

University of Notre Dame (BA 1976); University of Iowa (JD 1978) (Note & Comment Editor, Iowa Law Review)

Publications:

Editor, The Leading Practioners' Guide to International Oil & Gas Arbitration (2015, Juris Publishing) Co-Author, Chapter __ (International Oil & Gas/Energy Arbitration, The Leading Arbitrators' Guide to International Arbitration (2015 JURIS) Editor-in-Chief, The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration, 4th edition (forthcoming 2017) Editor-in-Chief (& Contributor to Chapters 3, 8, 10, 11, 16 & 17), The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration, 3rd ed. (J. Gaitis, C. Ingwalson, V. Shelanski eds) 2013) Editor-in-Chief (& Contributor to Chapters 3, 5, 10, 11), The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration, 2d ed. (J. Gaitis, C von Kann, R. Wachsmuth 2010)

Editor (& Contributor to Chapters 3, 5, 10, 11)), The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration (C. von Kann, J. Gaitis, J. Lehrman 2006)

Finality, Functus Officio, and Ripeness: The Interlocutory Arbitral Award Conundrum, The Journal of the American College of Construction Lawyers ( August 2013)

Assessing the Risks in the Use of Interim and Partical Final Awards, JAMS Global Engineering and Construction Newsletter (May 2012)

Clearing the Air on "Manifest Disregard" and Choice of Law in Commercial Arbitration: A Reconciliation of Wilko, Hall Street, and Stolt-Nielsen, 22 Am. Rev. Int'l Arb. 22 (2011)

Guest Editor, Special Issue on Energy Dispute Settlement, Journal on Energy & Natural Resources Law (International Bar Association), Vol. 25, No. 3 (2007)

Unraveling the Mystery of Wilko v. Swan: American Arbitration Vacatur Law and the Accidental Demise of Party Autonomy, 7 Pepperdine Dispute Resolution Law Journal 1 (2007)

The Federal Arbitration Act: Risks and Incongruities Relating to the Issuance of Interim and Partial Awards in Domestic and International Arbitrations, 16 Am. Rev. Int’l Arb 1 (2005)

International and Domestic Arbitration Procedure: The Need for a Rule Providing a Limited Opportunity for Arbitral Reconsideration of Reasoned Awards, 15 Am. Rev. Int’l Arb. 9 (2004)

Non-Neutral Arbitrators, 4 Journal Am. Arb 369 (2005) (with R. Chernick & R. Davidson)

Reexamining Finality: How to Revise Institutional Practice Rules to Allow for Reconsideration of Reasoned Arbitration Awards (Pt. I), Alternatives (the monthly publication of the CPR International Institute for Conflict Prevention and Resolution), Vol. 23, No. 7, p. 113 (2005)

It’s time to Provide Parties a Limited Opportunity to Seek Rehearing on Reasoned Arbitration Awards (Pt. II), Alternatives, Vol. 23, No. 8, p. 132 (2005)

The Ongoing Federalization of Commercial Arbitration in Montana, The Montana Lawyer, Vol. 30, No. 7 (April 2005);

Miscellaneous:

Languages: English (native language), Russian (advanced reading), Spanish (advanced reading)

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