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Ethics in Arbitration

Speaker(s): David C. Singer, Steven Skulnik
Recorded on: Feb. 12, 2020
PLI Program #: 294322

Mr. Singer is a litigation partner and has served as lead litigation and trial counsel on matters involving business contracts, executive employment agreements, restrictive covenants, fiduciary duty, interference with business relationships, fraud, misappropriation of trade secrets, employment termination, commercial misrepresentation, employment discrimination, real estate valuations and other commercial matters. He has successfully tried and defended cases in federal and state courts and arbitration panels, and represented clients in appellate arguments, mediations and negotiations. Mr. Singer advises clients on litigation avoidance and preparedness and performs litigation risk assessments.

Mr. Singer also focuses on alternative dispute resolution, and has served for more than 20 years both as an arbitrator and mediator handling business and executive employment matters. Over 20 years of experience as neutral mediator and arbitrator, including as chair of three arbitrator panels and single arbitrator. Known for case management skill and moving cases to conclusion in an efficient and cost effective manner.

He has arbitrated more than 100 cases, including breach of dealer contract between large telecommunications company and dealer; breach of executive employment agreements between former executive employees and financial institutions; breach of series of contracts between insurance company and pharmaceutical company; breach of agreement concerning sale of accounting firm; breach of agreement between importer and distributor of alcoholic beverages; breach of contract involving sale of restaurant business; contract dispute between major electronics manufacturer and computer software vendor; determination of liability for losses between purchaser and seller of seed company.

As neutral, mediated more than 100 cases, including disputes between supplier and purchaser of computer technology products; financial institutions and former executive employees; religious institution and catering and restaurant vendor; retail employer, EEOC, ethnic based rights organization and former employees; real estate owner/developer and consultant/broker; and employment discrimination cases.

Steven Skulnik is a senior legal editor in the Litigation and Arbitration Services of Thomson Reuter's Practical Law division. In that capacity he writes and edits legal know-how resources that help law firm lawyers, in-house counsel and arbitrators perform more effectively and efficiently. He is also on the roster of commercial arbitrators for the ICDR/AAA, CPR, and other and other major providers. He is a fellow of the Chartered Institute of Arbitrators (FCIArb).

He previously was counsel at Squire Patton Boggs (US) LLP and a partner at Pavia & Harcourt LLP. He has trial and appellate experience in many areas including commercial contracts, art and antiquities law, banking, employment law, real estate, shareholder and partnership disputes, trade secret, trademark, information technology and unfair competition. He has tried cases in federal and state courts and in international and US arbitrations.

He has chaired of the Arbitration Committee of the New York State Bar Association’s Dispute Resolution Section and is the current chair of the New York City Bar Association’s Arbitration Committee. He also sits on the City Bar's International Commercial Disputes Committee. He is a member of or affiliated with: Silicon Valley Arbitration & Mediation Center, International Arbitration Club of New York, New York International Arbitration Center (NYIAC), and the National Academy of Distinguished Neutrals. He is a trustee of the Village Community School in New York City.

Mr. Skulnik received his BA from Brandeis University and JD from Benjamin N. Cardozo School of Law.

Selected Publications:

  • Author, Separability of Arbitration Agreements in US Arbitration, Practical Law The Journal - Litigation, (June/July 2019).
  • Co-author, chapter on Arbitration Ethics in "Arbitrating Commercial Disputes in the United States" (PLI 2018).
  • Co-author, Do Arbitrators Know the Law (and Should They Find it Themselves)?, Dispute Resolution Journal, Vol 73 No 1 (2018).
  • Author, Interim, Provisional and Conservatory Measures in U.S. Arbitration, Inside (A publication of the Corporate Counsel Section of the New York State Bar Association), Winter 2015.