Steven Skulnik

Member of the Arbitration Committee of the New York City Bar Association (Chair from 2018-21). Member of the Arbitration Committee of the Dispute Resolution Section of the New York State Bar Association (Co-chair from 2016-2018). Member of the International Arbitration Club of New York and the New York International Arbitration Center. On roster of arbitrators for AAA/ICDR, SIAC, CPR, and others.

Experience

More than 35 years’ experience practicing in the fields of domestic and international arbitration and litigation, including distribution, intellectual property, licensing, and technology issues. For example: defended a retailer of high-fashion clothing and accessories in a dispute with a competitor under Section 43(a) of the Lanham Act and state law defamation; defended Italian franchisor of high-fashion clothing and accessories in a dispute with a multi-state franchisee seeking millions of dollars in damages and injunctive relief for breach of contract and alleged franchise law violations; prosecuted claims of Spanish oil drilling company against Venezuelan affiliate by attaching bank account found in New York; defended New York hotel owners in various lawsuits brought by French bank claiming to hold a valid mortgage loan in excess of $200 million; defended convertible securities broker-dealer sued for its role as placement agent against claim brought by various hedge fund investors in private placement; defended hedge fund against claim by investor concerning SEC approval of Standby Equity Distribution Agreements; represented Polish national television network in dispute with its American distributor; represented Israeli surveillance systems manufacturer in dispute with former vendor of encoder over vendor’s failure to meet contractual milestones; represented an Ecuador-based airline in contract dispute arising from lease of multiple aircraft from US-based aircraft sub-lessors; defended senior executive accused of breaching restrictive covenants; represented European government in dispute under Bilateral Investment Treaty concerning forestry services; represented purchaser in supply contract price re-opener dispute under UNCITRAL rules; defended purchaser of all shares of corporation engaged in chemical business in claim to recover damages for allegedly unanticipated tax liability; defended company in arbitration brought under stock re-purchase agreement where parties disputed the valuation of the company; defense of management against claim by executive seeking severance on ground that he resigned with “good reason”; defended finder’s fee claim alleging assistance in selling weapon systems to Arabian Gulf states. Law practice also involved counseling of employers concerning workplace issues and executive employment contracts as well as defending management in litigation and arbitration.

Work History

Senior Legal Editor/Arbitration, Practical Law - Thomson Reuters, 2014 – Present; Of Counsel, Ganfer & Shore LLP, 2013 – 2014; Partner, Davidoff Hutcher & Citron LLP, 2011 – 2013; Of Counsel, Squire Patton Boggs (US) LLP, 2007 – 2011; Partner/Associate, Pavia & Harcourt LLP, 1984 – 2007; Associate, Segal & Greenberg, 1983 – 1984.

Cases

Sole arbitrator in cases including: •Dispute over the loss of mining concession in Central America. •Dispute over the sale of commercial real estate in Central Europe. •Dispute between Australian fashion house and American distributor. •Dispute between Israeli and U.S. co-venturers in renewable energy (biogas) projects over buy-out and drag-along rights provisions under Delaware law. •Dispute between litigation funder and funded party over division of settlement proceeds. •Arbitration that followed from the conduct of a Hatch-Waxman ANDA lawsuit. •Claim by a local exchange carrier against a telecommunications billing aggregator for indemnity relating to consumer class action. •Claim by a medical practice group against health insurance carrier contesting doctors’ termination as participating providers in the carrier’s Medicare Advantage plan under Connecticut law. •Claim by an aircraft operator against TV station for breach of electronic news-gathering agreement. •Dispute between software developer and a marketing enterprise concerning the license of data collection technology. •Dispute between information technology consultant and an educational organization over amounts due on early termination of the consulting agreement. •Claim by photographer’s representative against a photographer for severance payments. •Determination of “Fair market value of distribution rights” under New York’s Alcohol Beverage Control Law. •Claim by investment banker against former employer for damages where employer-bank failed to deliver vested stock awarded to the Claimant. Chair of the tribunal in cases including: •Between educational testing service and software developer which designed and hosted web-based testing application over minimum guaranteed fees. •Between hotel owner and its European franchisor arising out of early termination of license and management agreements and the Minnesota Franchise Act. •Between luxury food manufacturer and its multi-unit franchisee over the consequences of the manufacturer terminating its retail operations under various agreements under New Jersey law and claims under the Michigan Franchise Investment Law. •Between parties who owned the same trademark in different regions of the world in a dispute over termination of a license agreement. •Between compiler of data on recycled automobile parts and manufacturer of automobile part information systems alleging business torts. •Between parties to hotel management agreement where manager was alleged to have interfered with the owners’ attempt to sell the property. Co-arbitrator in cases including: •Post-closing indemnity claim under M&A contract for sale of hospitals under Illinois law. •Claim for indemnity under sections 84-92c of the German Commercial Code. •Dispute between investors in merchant cash advance business under New Jersey law. •Dispute between international mining company and its local representative in the South Caucasus. •Dispute between two owners of a home furnishings business. •Dispute over patent license agreement for DVR functionality. •Dispute over buy-sell agreement between owners of a publishing business. •Claim brought by former principal of a management consulting firm seeking valuation of his units upon termination of his employment. •Dispute among partners in restaurant involving alleged breach of fiduciary duty. •Claim under janitorial services contract for sports arena. •Warranty claim concerning large cabin business jet under Georgia law. •Dispute between members of real estate concern regarding removal of a manager and derivative claims against the removed manager. •Claim brought derivatively by LLC member against the LLC’s trademark licensor where claimant asserted demand futility. •Dispute arising out of license agreement between a software developer and an insurance company involving functionality of system.

Training

ACE 22 - Process Essentials for AAA Arbitrators, 2022; ACE21 Impartiality: Do You Know Where Your Biases Are? 2021; ICDR International Symposia in Advanced Case Management Issues, 2019; ACE 20 - Cyber Security: A Shared Responsibility, 2019; AAA/ICDR/AAA Mediation.org Panel Conference, 2019; AAA-ICDR/ICC/ICSID 35th Annual Joint Colloquium on International Arbitration, 2018; Smarter Faster Cheaper Technology Dispute Resolution Conference, 2018; ACE 18 - Arbitrator Performance and Demeanor ~ Meeting Participant Expectations, 2018; AAA-ICDR/ICC/ICSID 34th Annual Joint Colloquium on International Arbitration, 2017; Judith S. Kaye Arbitration Competition, 2017; AAA Developments in Arbitration Law: Practice Focused Cases, 2017; AAA-ICDR Council and Columbia Law School Conference: The Future of Arbitration, 2017; Motion Practice Under AAA Rules – What You Need to Know, 2017; Out of Sight, Out of Mind: What You Need to Know about Preventing and Arbitrating Business-to-Business (“B2B”) Data Breaches, 2017; AAA Exploring Critical Issues in Arbitration, 2016; AAA/ICDR Neutrals Conference, 2016; CPR Annual Meeting, The Dispute Resolution Divide: Harmonizing Global Approaches, 2016; AAA, Get a Grip! Wrangling the Mediation Process to Improve Your Chances of Success in Multi-Party Disputes 2015; AAA, Society, Commerce and Dispute Resolution: Goals for Justice and Trade 2015; AAA Webinar, Show Me the Money: The Effective Presentation of Damages in Arbitration Versus Litigation, 2015; AAA/ICDR Webinar, ICDR Awards and Commentaries: Just How Different Is International Arbitration Than Domestic Arbitration?, 2015; AAA/ICDR Seminar, What Makes International Arbitration Different?, 2014; AAA Webinar, Making the Most of Mediation, 2014; Arbitral 999/911: Emergency Relief for Problems That Will Not Wait, 2013; AAA Webinar, Managing the Costs of Exchanging ESI, 2013; AAA Webinar, What’s a Respondent Like You Doing in a Place Like This? Confronting Arbitrability and Jurisdiction Issues in Arbitration, 2013; AAA Advanced Mediator Training Series: The Extent (or Limit) of Mediator Influence to Effect Settlement, 2012; AAA Webinar, How to Become a More Innovative Neutral or Advocate: Applying Cutting Edge Innovation Management Techniques to Your ADR Practice, 2012; AAA Maximizing Efficiency & Economy in Arbitration: Challenges at the Preliminary Hearing, 2011; AAA Webinar, Arbitrator Boundaries: What are the Limits of Arbitrator Authority?, 2011; AAA Webinar, How International Arbitration Techniques Can Benefit Domestic Arbitration, 2010; AAA Webinar, Electronic Discovery in Arbitration: What You Need to Know, 2010; CPR Annual Meeting, Global ADR: The New Reality, 2010; Practicing Law Institute, Choosing the Place of Arbitration: Geneva, London, New York, Paris, Zurich & Mock Session: Section 1782 and International Arbitration, 2009; AAA Ask & Answer: Arbitration, 2008; Cardozo Journal of Conflict Resolution’s 10th Annual Symposium: Whither Arbitration, 2008; AAA Pro Se: Managing Cases Involving Self-Represented Parties (ACE002), 2007; AAA Dealing With Delay Tactics in Arbitration (ACE004), 2006; ICDR, The Common Law-Civil Law Gap: The Issues and How International Arbitrators May Resolve Them, 2006; AAA Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics (ACE005), 2005; New York Commercial Division Alternative Dispute Resolution Program, Mediation Workshop, 2005; AAA Arbitrator Ethics & Disclosure (ACE003), 2004; AAA Arbitration Awards: Safeguarding, Deciding & Writing Awards (ACE001), 2003; AAA Arbitrator Update, 2002; AAA Commercial Arbitrator II Training: Advanced Case Management Issues, 2001; AAA Commercial Arbitrator Training, 2000.

License(s)

Admitted to the Bar: New York (1984); U.S. District Court: Southern (1984) and Eastern (1984) Districts of New York; U.S. Court of Appeals, Second Circuit (1989).

Education

Benjamin N. Cardozo School of Law (JD-1983); Brandeis University (BA, Economics-1980).

Publications

Author, Introductory Note to GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC (U.S. Sup. Ct.), 59 I.L.M. 911 (2020) Author, Arbitrating During a Pandemic, Practical Law The Journal - Litigation (Fall 2020) Author, Considering Video Conference Arbitration Hearings in the US: Ensuring Due Process, Dispute Resolution Lawyer (Summer 2020) Author, Separability of Arbitration Agreements in US Arbitration, Practical Law The Journal - Litigation (2019) Co-author, chapter on Arbitration Ethics in \"Arbitrating Commercial Disputes in the United States\" (PLI , 1st and 2d Eds.). 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) New York City Bar Association Reports and Amicus Briefs: • Functus Officio Problem in Arbitration and a Proposed Solution (April 2021) • Legislative Recommendations on Business-to-Business Arbitration Proceedings (May 2019) • Arbitrator Appointment Procedures of Arbitral Institutions in Commercial Arbitrations (April 2018) • Appellate Division, 1st Dep’t Amicus Brief in Daesang Corp. v. Nutrasweet Co. (Oct. 2017) • Second Circuit Amicus Brief in Support of Motion for Rehearing in CBF Indústria de Gusa S/A et al. v. AMCI Holdings, Inc. (Feb. 2017)

Panels

AAA/ICDR Large Complex Case and International rosters, CPR roster, Singapore International Arbitration Centre (SIAC) roster, FedArb roster, London Court of International Arbitration (LCIA) list of arbitrators, Court of Arbitration for Art (CAfA) roster, USCIB database.

Associations

Fellow, Chartered Institute of Arbitrators (FCIArb); Member, New York City Bar Association, Arbitration Committee (Chair (2018-21) and Member, International Commercial Disputes Committee; New York State Bar Association (Member, Dispute Resolution Section, Co-chair, Arbitration Committee (2016-18)); Member, ICDR Publications Committee; Member, International Arbitration Club of New York; Fellow, College of Commercial Arbitrators; Member, National Academy of Distinguished Neutrals; Member, New York International Arbitration Center (NYIAC); Member, Silicon Valley Arbitration and Mediation Center (SVAMC); Board of Editors, Dispute Resolution Lawyer (A publication of the Dispute Resolution Section of the New York State Bar Association).

Miscellaneous

Selected Speaking Engagements: Panelist, Interim Measures in Institutional and Ad Hoc Arbitration, Stanford University Law School\"s International Arbitration Association, March 2024 Co-moderator, What’s New? 2023 CCA Annual Arbitration Update, College of Commercial Arbitrators Annual Meeting, October 2023 Panelist, Cutting Edge Issues in Arbitration, AAA/NYLS, April 2023 Panelist, Arbitration Law Developments, ABA Arbitration Training Institute, March 2023 Panelist, Cutting Edge Ethical Issues in Dispute Resolution, NYSBA DR Section Ethics Committee, March 2023 Panelist, Tough Calls and Recurrent Issues in Arbitration: Solutions from Experts, NYSBA, Dec 2022 Panelist, Cutting Edge Issues in Arbitration: Award Writing, AAA/NYLS, April 2022 Panelist, What Judges and Arbitrators are Looking for in your Real Estate Case, New York State Bar Association (NYSBA) Dispute Resolution Section Annual Meeting, Jan. 2022 Panelist, Best Practices: Roundtable On Different Approaches To Arbitration, NYSBA, Sept. 2021 Panelist at the 2019-21 NYSBA Annual Commercial Arbitrator Training Seminars, addressing Arbitration Law Panelist, Cutting Edge Issues in Arbitration: Civility Among Members of a Tribunal, AAA/NYLS, April 2021 Panelist Hot Topics in Dispute Resolution from the NYSBA Resolution Roundtable Blog, Feb. 2021 Panelist, Successfully Deploying Arbitration after Litigation, NYSBA, Sept. 2020 Panelist, Recent Developments in International Arbitration, International Arbitration 2020, PLI, June 2020 Panelist, Cutting Edge Issues in Arbitration: The New Restatement of Commercial and Investor-State Arbitration, AAA/NYLS, May 2020. Moderator, Transparency in Commercial Arbitration, CPR Annual Meeting, Feb. 2020 Co-presenter, Ethics in Arbitration, PLI Webinar, Feb. 2020 Panelist, Are You Ready for the Case to Begin? Critical Issues Arising at the Start of an Arbitration, Webinar presented by Thomson Reuters with Skadden, May 2019 Panelist, Cutting Edge Issues in Arbitration: Tribunal Dynamics, AAA/NYLS, April 2019 Panelist, When Experts Come from Different Planets: Strategies and Techniques for Reconciling Seemingly Irreconcilable Expert Evidence in Arbitration, American Bar Association (ABA) Dispute Resolution Section Annual Meeting, April 2019 Moderator, NYIAC Talks: Assessing Judicial Support of International Commercial Arbitration, Oct. 2018 Moderator, A View from the Trenches: When Dispute Resolution Clauses Blow Up, Association of Corporate Counsel (ACC) Annual Meeting, Oct. 2018 Panelist, Cutting Edge Issues in Arbitration: Independent Legal Research by an Arbitrator, AAA/NYLS, April 2018 Moderator, Ethics Issues in Mediation, Webinar presented by Practical Law with CPR and Jenner & Block, Feb. 2018 Moderator, Arbitration at Work: The Supreme Court’s Visit to the Office, Webinar presented by NYSBA, Dec. 2017 Panelist, The Importance of Culture in Conflict Resolution: Scenarios in International and Domestic Arbitration and Mediation, HNVA Annual Meeting, Sept. 2015