Thomas J. Brewer

Mr. Brewer is an independent arbitrator based in Seattle. Previously a trial lawyer representing clients in commercial cases, his arbitration experience includes both domestic and international commercial arbitrations, with over 350 appointments as panel chair, panelist arbitrator or sole arbitrator since becoming a full-time neutral in 2000. Full resume posted at www.tjbrewer.com

Experience

Mr. Brewer’s arbitration caseload has been focused mainly on commercial contract disputes; energy, oil & gas and electric power industry disputes; technology and intellectual property cases; and cases involving disputes between investors and business co-owners, LLC members, M&A, joint operating and joint venture agreements and sale of business matters. He also has substantial experience in arbitrations involving aviation, satellite, aerospace, railroad and government-related disputes. His arbitration experience also includes numerous construction, commercial health care industry (payor-provider), commercial real estate, insurance coverage and ERISA-based multiemployer pension plan withdrawal liability arbitrations.

A detailed c.v., and specific examples of prior arbitration cases are posted at www.tjbrewer.com

Work History

Trial lawyer, 1975-2000. Full-time independent arbitrator, 2000-present. Heavy arbitration caseload since approximately 1994.

Cases

Some examples of prior cases include: • An international construction arbitration involving a large wind farm project in Mexico (Neutral Panelist). • A domestic energy arbitration between a California city and the owner of a 134 MW gas-fired power plant involving disputes arising under a power purchase/tolling agreement and a related interconnection and transmission services agreement (Sole Arbitrator). • A domestic IP arbitration involving alleged breaches of a patent licensing agreement for development of a vaccine (Panel Chair). • A multi-party domestic arbitration involving claims of wrongful termination of an exclusive distribution agreement in the soft drink and bottling industry (Panel Chair). • A domestic arbitration between a U.S. State government and an oil company/unit operator 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 IP arbitration between U.S. and Indian parties involving a pharmaceutical licensing dispute (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). • An international arbitration between U.S. and French parties following a fire at a Texas fuel storage/tank farm facility concerning interpretation of a force majeure clause (Neutral Panelist). • 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). • A dispute between Alaska Regional Corporations over whether certain revenues must be shared pursuant to the provisions of the of the Alaska Native Claims Settlement Act (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 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 government-contracting dispute related to a resale of satellite bandwidth intended to be used for military applications (Sole Arbitrator). • A dispute between a private investment firm and several of the firm’s portfolio managers over interpretation of contractual provisions governing holdback accounts (Neutral Panelist). • 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 of flat screen technology products involving claims for damages allegedly caused by a horizontal price-fixing conspiracy (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). • A construction arbitration related to the structural steel subcontract for construction of a sports arena at a U.S. university (Neutral Panelist). • A commercial real estate arbitration involving decennial rent re-set appraisal and valuation issues related to biotech campus buildings at a U.S. medical school (Neutral Panelist). • Service as an Emergency Arbitrator pursuant to Article 37 of the ICDR’s International Arbitration Rules in several cases. A longer list of additional examples is posted at www.tjbrewer.com

License(s)

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

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

Contributing author, THE COLLEGE OF COMMERCIAL ARBITRATORS GUIDE TO BEST PRACTICES IN COMMERCIAL ARBITRATION, 4th ed., Juris Net 2017 (and to the three prior editions); Speaker, 2017 CIArb Energy Arbitration Conference: ’Resolving Energy Arbitrations in Times of Crisis,’ 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; Contributing Author, THE LEADING PRACTITIONERS’ GUIDE TO INTERNATIONAL OIL & GAS ARBITRATIONS, (Juris, Gaitis ed., 2015); Speaker, AAA Seminar: ’Arbitration Advocacy for Courtroom Lawyers: Two Experienced Arbitrators Discuss What Works, and What Doesn’t, in Arbitration,’ Denver, 2015; (partial listing).

Awards

Fellow, College of Commercial Arbitrators. Fellow, Chartered Institute of Arbitrators. Listed in Who’s Who Legal: Arbitration 2021 and prior years (WWL comment, summarizing peer interviews: (’Tom’s strongest trait is his informed and well-reasoned judgment, which has been instrumental in resolving many difficult issues. . . . He is very intelligent and reviews evidence and arguments in great detail while remaining low-key, courteous and impartial. . . Mr. Brewer exemplifies all of the qualities one could hope for in an arbitrator including exceptional intellect, and a calm and polite demeanour’). Best Lawyers In America (arbitration) 2020 and prior years, Washington Super Lawyers 2003-20. Selected by Best Lawyers as Lawyer of the Year for arbitration in Seattle in 2015, 2017 and again in 2019.

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.

Miscellaneous

Citizenship: United States of America. Locale: USA and International. Based in Bainbridge Island, Washington, USA.