Arbitration & Alternative Dispute Resolution

Overview

Parker Poe has decades of experience with arbitration, mediation, and other examples of alternative dispute resolution (ADR). Our lawyers have served on task forces and committees charged with developing rules for ADR. Several have been recognized by their peers in The Best Lawyers in America as “Lawyer of the Year” for arbitration in their geographic regions. Our lawyers are also members of international arbitration societies from Atlanta to Charlotte, and some have served in leadership roles for those organizations and others in the field of international dispute resolution.

Arbitration and ADR are essential to a business’s dispute resolution strategy, whether it is in the contract drafting stage or actual dispute stage. Parker Poe’s extensive experience helps provide a wholistic, efficient approach for clients to move beyond disputes and get back to business.

Arbitration

We have represented domestic and international businesses in arbitrations across industries and countries. Our arbitration experience includes disputes involving a broad variety of commercial contracts, accounting malpractice, construction, employment, financial services, health care, intellectual property, life sciences, mergers and acquisitions, real estate, reinsurance, securities, and telecommunications.

Our attorneys regularly appear before arbitration panels of the American Arbitration Association (AAA), Financial Industry Regulatory Authority (FINRA), JAMS, International Chamber of Commerce, FORUM (formerly the National Arbitration Forum), and the International Institute for Conflict Prevention and Resolution (CPR). Many of our attorneys have equally deep experience in jury trials and, as a result, can help clients maximize the differences between litigation and arbitration, including in terms of making objections and adjusting to the rules of the arbitrator.

Furthermore, we understand the advantages and disadvantages of arbitration and regularly advise clients on how to fit it into their overall dispute resolution strategy, including through tailored arbitration agreements.

There is one indisputable benefit of arbitration: its speed. As many courts still deal with backlogs as a result of the COVID-19 pandemic, arbitration can be an especially valuable tool to give businesses certainty faster. We understand that the longer a dispute is outstanding, the worse it is for the business. Our focus is on getting not just the best result but the best result as quickly as we can to allow the business to get back to what it does best.

Mediation

We have extensive experience in mediation as well, which can also expedite the resolution of disputes. We have appeared in hundreds of mediations involving disputes of varying subject matters at the state and federal levels, both before and during litigation. Our firm is also able to draw on the insight of our approximately 10 attorneys who are themselves trained and experienced mediators.

Other Methods of ADR

We have deep experience helping clients devise other creative means of alternative dispute resolution that fit their business strategy. We understand that ADR is really only limited by the imagination of the parties involved. We regularly advise clients on structuring the best dispute resolution method for their business, ranging from consumer contracts to complicated acquisitions, procurement, and other contracts.

We have also negotiated and crafted agreements on the use of alternative dispute methods even after disputes have arisen. In this regard, we have crafted special dispute resolution rules and handled arbitrations without using private dispute resolution agencies.

In special cases, our attorneys have used private juries and summary jury trials to resolve complex disputes and avoid lengthy public trials. We represented the plaintiff in the first summary jury trial conducted in North Carolina, for example. This three-day proceeding led to the resolution of a case, which was expected to take four to six weeks to try to conclusion.

Representative Experience

Represented a client in a series of complex, international arbitrations involving a dispute with a publicly traded Canadian company. One of the arbitrators we appeared before ruled in our favor on all issues and awarded our client its legal fees as the prevailing party.
Successfully defended a leading global technology company in arbitration related to a claim of fraudulent inducement of a contract; the arbitrator ultimately awarded less than 1% of the $6 million the claimant sought in damages.
Represented a major energy company in a multimillion-dollar arbitration with a vendor. After limited discovery, we were able to resolve the case via mediation.
Represented a major accounting and auditing firm in the defense of a case initially filed by the plaintiff in federal district court. The plaintiff contended that a negligent audit had caused its bankruptcy and sought $40 million in damages. After the presentation of testimony and subsequent post-hearing briefing, the panel decided the case in favor of our client and declined to award any damages. The plaintiff took no appeal.
Represented a large contractor (joint venture of a general contractor and a power company) in a multiple week arbitration involving delay and acceleration claims in construction of a power plant. The subcontractor's multimillion-dollar claim was rejected, and the contractor recovered its counterclaim. The arbitration involved numerous technical questions, seven experts testifying about technical and scheduling disputes and many legal issues, including issues concerning applicable law, enforcement of contract provisions, propriety of arbitration subpoenas and application of accounting principles.
Represented a New York real estate company that was sued nearly 20 times in various states for securities fraud; we successfully filed motions to enforce applicable arbitration agreements in each state and then arbitrated the claims.
Represented corporate client in a consumer arbitration in which consumer sought actual, punitive, and treble damages for breach of contract, fraud, and unfair and deceptive trade practice claims. The arbitrator found for the corporate client and awarded the consumer nothing.
Represented the U.S. arm of a German-owned company in a $200 million ICC arbitration adverse to Canadian and Vietnamese companies regarding a contract to purchase minerals from a mine in Vietnam.
Defended national putative class action lawsuit in federal court asserting claims under the Fair Credit Reporting Act by successfully compelling individual arbitration.
Represented the licensor of a system for renovating sewage pipes in an arbitration proceeding in which the petitioner/licensee sought to recover $1 million in damages for the alleged wrongful termination of its license, interference with contract, and other tortious conduct. The parties conducted extensive discovery and each side designated expert witnesses. Following discovery, a two-week arbitration was conducted in California before an experienced trial attorney pursuant to the rules of the American Arbitration Association. We successfully defended the respondent/licensor against all of the petitioner's claims, and the arbitrator declined to award any damages to the petitioner.
Represented a European-based company with numerous U.S. operations in a dispute arising from a patent licensing agreement with a patent holder which was also a competitor of our client. The product at issue was used in the semiconductor industry. The matter involved "make but not have made" issues, as well as questions concerning field of use, and was settled.
Represented a small company that manufactures and installs sewage pipe liners in a two-week arbitration of trade secret and related claims; obtained an arbitration decision in favor of our client.
Represented client in arbitration of dispute over $100 million coal contract. Settled on eve of arbitration.
Prevailed in federal appeals court and subsequent arbitration in a case that was an important validation of an employer’s nationwide arbitration program.
Retained to investigate the conduct of three executives and defend multiple actions arising from the alleged wrongful terminations of those managers following the acquisition of their international company. After an investigation uncovered facts exposing all three executives to significant liability, two of the matters were resolved on favorable terms without trial and the third was successfully arbitrated in Sweden.
Provided representation to employers in grievance procedures, including investigation, attempts at resolution, and, if necessary, arbitration of union grievances.
Obtained transfer of domain name incorporating automotive clients’ trademarks in multiple cases before FORUM (formerly the National Arbitration Forum).
Represented a group of competitive local exchange carriers (CLECs) jointly in an interconnection arbitration that resulted in favorable interconnection terms.
Represented a software developer in arbitration over a customer dispute related to the creation of custom software.