David Wilson

Arbitrator (chair, panelist, sole arbitrator, and emergency arbitrator) in complex international and U.S. commercial and IP disputes, often involving the energy and technology sectors and with amounts up to $640 million in dispute.

Experience

As arbitrator (chair, panelist, sole arbitrator and emergency arbitrator) in international and U.S. arbitrations, David resolves complex business and IP disputes, often in the energy and technology sectors, and (to date) with more than 60 arbitral appointments and amounts up to $640 million in controversy. Including his work as counsel, he has handled over 200 cross-border matters, involving parties in more than 40 countries in Europe, the Middle East, Asia/Pacific, Central and South America, and North America, with amounts of up to $2 billion at issue. He is the former Vice Chair of the ICC Commission on Arbitration and ADR and co-chair of the Commission’s Task Force on the Use of Information Technology in International Arbitration and the Task Force on Expertise. He is also a member of the American Law Institute, a Fellow of the Chartered Institute of Arbitrators, and a Senior Fellow of Litigation Counsel of America. As arbitrator and counsel in international and U.S. arbitrations and other international and U.S. disputes, subjects have included, for example, in alphabetical order: ACCOUNTING: GAAP accounting and financial reporting and related professional services. BANKING AND FINANCIAL SERVICES: Loan and security agreements, equity and debt financing, FinTech, credit cards, and payment processing; other commercial and investment banking. BROADBAND TELECOMMUNICATIONS: Joint ventures; technical cooperation and services contracts; program acquisition and licensing; equipment supply, subscriber management and billing systems, and CATV system design. EMPLOYMENT: Breach of contract and wrongful termination claims, wage and hour claims, breaches of fiduciary duty by officers and directors, federal and state discrimination and harassment claims, covenants not to compete, independent contractor issues, misappropriation of trade secrets and confidential information, and employee privacy. ENERGY, RENEWABLE ENERGY, AND MINING: Oil and Gas Exploration and Development--Oil and gas leases, exploration agreements, areas of mutual interest, express and implied covenants to explore, drill, and market; pooling agreements, participation and operating agreements, farmout agreements, title issues, royalties, shut-in royalties, federal and state excise taxes, force majeure, permitting issues; and related mergers and acquisitions, post-closing purchase price adjustments, and breaches of contract. Oilfield Services--Drilling contracts, materials, safety, personal injuries and wrongful death, production and pipeline transportation of water for fracking operations, land transportation of frac sand, waste disposal, and other issues related to operations and personnel at the drilling site. Renewable and Alternative Energy--Construction and operation of a biodiesel plant; construction and operation of solar energy plants; power line right-of-way acquisition for solar energy plants; related mergers and acquisitions, purchase price adjustments, and breaches of contract. Mining--Coal, gold, and uranium mines, including joint ventures, mergers and acquisitions, and requirements and supply contracts. INTELLECTUAL PROPERTY: Patents, trademarks, trade secrets and confidential information; covenants not to compete, and unfair and deceptive trade practices. JOINT VENTURES AND MERGERS AND ACQUISITIONS: Stock and asset purchases; investment and commercial banking; post-closing purchase price and working capital adjustments; breaches of reps and warranties, fraud, securities fraud, and breach of fiduciary duty; corporate governance, special committees, shareholder rights, fairness, freeze outs, and fights over corporate control. Matters include disputes under New York, Delaware, and various other laws and involving, for example, broadband telecommunications, energy, renewable energy, and other industries. MANUFACTURING AND DISTRIBUTION: Sales of goods, breaches of warranty, requirements and supply contracts, and other Uniform Commercial Code (UCC) issues; agency. SPACE AND SATELLITES: Satellite carriage and orbital location agreements; satellite launch services. TECHNOLOGY: E-commerce and the Internet, blockchain and cryptocurrency, cybersecurity, electronic election systems, software design, software and IP licensing; privacy, data privacy, and online identity.

Work History

Member, Sherman & Howard L.L.C., 2013 – Present; Partner, Holme Roberts & Owen LLP/Bryan Cave HRO, 1993-2013; Associate, Holme Roberts & Owen LLP, 1986 – 1992.

Cases

His cases have involved contracts, mergers and acquisitions, partnerships, joint ventures, limited liability companies, shareholder rights, accounting, patents, trademarks, trade secrets, and other IP, and sales of goods. Industries have included oil and gas, oilfield services, mining, e-commerce, Fintech, electronic payment processing, software development, manufacturing and distribution, and professional services. He has heard claims (for example) for breach of contract, breach of fiduciary duty, fraud and other business torts, patent, trademark, and trade secrets infringement, among others. He has applied the laws of multiple non-U.S. jurisdictions (common law and civil law) and U.S. states, as well as U.S. federal law. Examples of recent cases include: Panel chair in an arbitration between Canadian and U.S. parties on patent and state law claims related to products used in the oilfield services industry; Panel chair in an arbitration between a multinational company and Taiwanese and U.S. companies on claims concerning parts manufactured for a power plant in Asia; Panel chair in an arbitration in a dispute between U.S. parties concerning the breach of an agreement for the distribution of chemical additives for petroleum products; Emergency arbitrator in an arbitration concerning a joint venture involving a European sports team; Panelist in an arbitration in a dispute between a multinational company and a Honduran company on claims for breach of a distribution agreement; Panelist in an arbitration in a dispute arising out of a joint venture for a water pipeline to support oilfield services; Panelist in an arbitration among the members of a limited liability company over amounts owed to a withdrawing member; Sole arbitrator in an arbitration alleging breach fiduciary claims against a former officer of a Delaware corporation; Sole arbitrator in an arbitration between Canadian and U.S. parties involving contract and securities law issues; Sole arbitrator in an arbitration between Kyrgyz and U.S. parties in a dispute involving e-commerce; Sole arbitrator in an arbitration between Chinese and U.S. parties in a dispute involving e-commerce; Sole arbitrator in an arbitration under Mexican law between a Canadian company and a U.S. company and its Mexican subsidiary on claims related to a Mexican mining venture; Sole arbitrator in an arbitration under English law between a Singapore company and a U.S. company on claims for breach of a contract for the sale of goods related to an offshore oil terminal in Asia; Sole arbitrator in an arbitration between individuals and a Canadian company on claims for breach of contract arising out of share purchase agreement involving a healthcare company; Sole arbitrator in an arbitration on claims for breach of contract involving cryptocurrency and cybersecurity; Sole arbitrator in an arbitration related to a joint venture for oil waste disposal; Sole arbitrator in an arbitration on claims for breach of contract for investment advisory services. As advocate, he has represented claimants and respondents in dozens of administered and non-administered international and U.S. domestic arbitrations under various arbitral rules.

Training

Various courses and seminars as required for members of the AAA and ICDR Panels; seminars and conferences from the ICC International Court of Arbitration and ICC Institute of World Business Law; Chartered Institute of Arbitrators Fast Track to Fellowship Course.

License(s)

Attorney, Colorado (1986); Solicitor of the Senior Courts, England and Wales (2013). Also admitted in the U.S. Supreme Court, U.S. Court of Appeals for the Tenth Circuit, and U.S. District Court for the District of Colorado.

Education

The University of Texas Law School (JD, with high honors, Order of the Coif - 1986); The University of Texas at Austin (BA, with highest honors, Plan II Honors Program, Phi Beta Kappa - 1983); MIT Sloan School of Management, \"Artificial Intelligence: Implications for Business Strategy\" (Certificate - 2022) and \"Blockchain Technologies: Business Innovation and Application\" (Certificate - 2021).

Publications

PUBLICATIONS: Co-Author, “Tortious Interference: Colorado,” THOMSON REUTERS PRACTICAL LAW (2022); Co-Author, “Breach of Fiduciary Duty: Colorado,” THOMSON REUTERS PRACTICAL LAW (2022); Co-Author, “Fraud: Colorado,” THOMSON REUTERS PRACTICAL LAW (2021); Co-author, “Issues for Arbitrators to Consider Regarding Experts,” ICC DISP. RES. BUL. 2021, Issue No. 2 (originally published, ICC INT’L COURT OF ARB. BUL., Vol. 21, No. 1 (2010)); Co-author, “Issues for Experts Acting Under the ICC Rules for Expertise or the ICC Rules of Arbitration,” ICC DISP. RES. BUL. 2021, Issue No. 2 (originally published, ICC INT’L COURT OF ARB. BUL., Vol. 20, No. 1 (2009)); Co-author, “Emergency Arbitrator Rules Among Four Major Arbitral Institutions: Both Alike and Different,” www.expertguides.com (March 2019); Co-author, “An Updated Overview of Issues to Consider When Using Information Technology in Int’l Arbitration,” ICC INT’L COURT OF ARB. BUL. (April 2017); Author, “An Overview of U.S. Federal Court Decisions Regarding Interim Remedies in Int’l Commercial Arbitration,” INT’L COMMERCIAL ARBITRATION: NATURAL RESOURCES, ENVIRONMENT, AND TECHNOLOGY DISPUTES, Canadian Bar Assoc. (2005); Co-author, “Explanatory Notes on the Standards,” ICC INT’L COURT OF ARB. BUL.: Special Supplement on Using Technology to Resolve Business Disputes (2004); Co-author, “Investment in Europe: An Overview of Common Legal Issues,” THE COLO. LAWYER (June 2002); Author, “How U.S. Courts Interpret Arbitration Agreements,” INT’L DISTRIB. LAW (Siefarth ed.), Transnational Publishers (2001); Author, “Recognition and Enforcement of Money Judgments in U.S. Courts,” INT’L JUDICIAL ASSISTANCE IN CIV. MATTERS (Prell ed.), Transnational Publishers (1999).

Awards

Recognized in Best Lawyers in America (Arbitration; 2024 and 2021 Denver Arbitration Lawyer of the Year), Who’s Who Legal (Commercial Arbitration), Expert Guides Best of the Best Global and Best of the Best USA (Commercial Arbitration), Colorado Super Lawyers (Business Litigation), and 5280 Magazine Top Lawyers (International), among other publications.

Panels

AIAC Panel of Arbitrators; American Arbitration Association’s National Roster of Arbitrators (including the Energy, Large Complex Case, and Mergers and Acquisitions and Joint Venture Panels); BVI International Arbitration Centre Panel of Arbitrators; EU-U.S. Data Privacy Framework (DPF) List of Arbitrators; ICDR Panel of Arbitrators and Mediators; Maldives International Arbitration Centre Primary Panel of Arbitrators; Mauritius International Arbitration Centre Database of Arbitrators; Tashkent International Arbitration Centre Panel of Arbitrators.

Associations

Member, American Bar Association (Life Fellow, American Bar Foundation); Member, American Law Institute; Fellow, Chartered Institute of Arbitrators (Member, North American Branch Board of Directors; Chair, Rocky Mountain Chapter); Member, Colorado and Denver Bar Associations (Chair, CBA International Law Section, 2022-2024); Member, Equal Representation in Arbitration Pledge USA Subcommittee; Member, Federalist Society; Member, ICC Commission on Arbitration and ADR (Vice Chair, 2014-2018; Co-Chair, Task Force on Information Technology in International Arbitration and Task Force on Expertise (served until work of these Task Forces concluded); Member, Working Group on the Use of Technology in Arbitration); Member, International Bar Association; Member, ICCA; Member, Law Society of England and Wales; Senior Fellow, Litigation Counsel of America; Member, Silicon Valley Arbitration & Mediation Center (SVAMC); Chair, Rocky Mountain Subcommittee, U.S. Council for International Business (ICC USA) Arbitration Committee.

Miscellaneous

David is a frequent speaker on international dispute resolution topics: Speaker, \"AI in Arbitration: Hype, Hope, or In Between,\" Penn State University Law School Symposium on Artificial Intelligence, State College, PA (March 2024); Moderator, “How Not to Annoy an Arbitrator: Tips from Int\"l Arbitrators on Better Arbitration Advocacy,” Colo. Bar Assoc. Int’l Law Section and College of Commercial Arbitrators (Dec. 2023)(webinar); Panelist, “Practical Tech Tips And Tools For Domestic And Int\"l Arbitrators From The ICC Commission Report On Leveraging Technology,\" College of Commercial Arbitrators (September 2023)(webinar); Panelist, “The ICC Commission Report on Leveraging Technology for Fair, Effective and Efficient International Arbitration Proceedings,” Silicon Valley Arbitration and Mediation Center (May 2022); Speaker, “Int’l Arbitration: Answering Your Questions and Receiving Your Feedback,” ICC Int\"l Ct. of Arb. and AZ Assoc. of Corp. Counsel (Feb. 2021); Speaker, \"Int\"l Arb. in the Time of COVID,\" Colo. Bar Assoc. Int\"l Law Sec., Denver, CO (Dec. 2020); Speaker, \"Ethics in Int\"l Arb.,\" AAA/ICDR and CBA Litigation and Int\"l Law Secs., Denver, CO (Nov. 2019); Panelist, \"Int\"l Arb.: Key Issues for New Mexico Businesses,\" ICC Int\"l Court of Arb. and NM State Bar Trial Sec., Albuquerque, NM (June 2019); Panelist, \"Cybersecurity and Data Protection in Int\"l Arb.: Practical Suggestions for Case Management and Compliance,\" Practising Law Inst. One Hour Briefings (Oct. 2018); \"Avoiding Common Mistakes in Int\"l Arb.,\" ICC Int\"l Court of Arb., Ariz. Assoc. of Corp. Counsel, and Global Chamber Phoenix, Phoenix, AZ (Jan. 2018); Moderator and Panelist, “Technology and ADR—The Risks and Opportunities (Legal Framework and Institutional Guidance),” Chartered Inst. of Arbitrators, London, England (Nov. 2017); “Cybersecurity in Int\"l Arb.,” 12th ICC New York Conf., New York, NY (Sept. 2017); “Sanctions for Unsuccessful Challenges to Int\"l Arb. Awards,” ABA “CLE in the City” Series, Int\"l Dispute Res. Track, ABA Annual Meeting, New York, NY (Aug. 2017); and various other speeches and seminars.