Mr. Kay has served as an arbitrator hearing domestic and international disputes for over 35 years. He is qualified as a barrister in England and an attorney in Illinois and is based in Chicago.
Experience
Mr. Kay has presided over 100 disputes while serving as tribunal chair, tribunal member or sole arbitrator under the auspices of the leading arbitral administrative organizations. He is experienced in international and domestic commercial business transactions and dispute resolution, representing major multinational corporations engaged in business in the USA and overseas, including the UK and Europe, the Middle East, Australia, India, China and Asia. Experience includes mergers and acquisitions; commercial contracts (including terms and conditions, bills of sale, letters of credit, freight forwarding documents); intellectual property (trademark, trade secrets, passing off), international franchise and licensing; distribution/agency agreements; sales and licensing; breach of contract/breach of warranty; purchase and sale of businesses; employee and senior executive non-compete, confidentiality and service agreements; product liability; upstream and downstream domestic and international supply chain issues (including the application of force majeure clauses), joint ventures, distributor and dealer appointment and termination; Original Equipment Manufacturer’s (OEM) contracts and price variations, construction of automotive manufacturing facilities. Having lived and practiced law in the Middle East, Europe and the USA has led to an understanding of the legal, cultural and business differences that arise in cross-border arbitration proceedings.
Work History
Founding Member, Kay ADR LLC, 2023-Present; Senior Counsel, Faegre Drinker Biddle & Reath LLP, 2022; Partner, Drinker Biddle & Reath LLP (and predecessors), Chicago, 1990-2021; Barrister-at-Law, Hogarth Chambers, Lincoln\"s Inn, London, 1988-present; Consultant, Katten Muchin & Zavis, 1989-90; Consultant, Burditt, Bowles and Radzius, 1988- 89; Barrister at Law, Chambers of Edward Campbell Salmon, Inner Temple, London, 1979-88; Managing Partner, Fox & Gibbons, Dubai and Abu Dhabi, 1984-88; Associate, Baker and McKenzie, Chicago and Riyadh, 1981-84.
Cases
A sample of cases handled as an arbitrator include: Breach of a multi-country distribution agreement; facilitated resolution of an international resource rights dispute between parties from two countries; breach of contract claims involving the sale and distribution of a \"patch\" by a pharmaceutical company; breach of contract (including misrepresentation claims) regarding automotive manufacturer\"s appointment of dealers in the U.S.; breach of contract, warranty and contractual claims regarding the construction of grain silos at a port in Egypt; dispute involving the construction and operation of supermarkets; breach of contract and related claims involving the laying of a subterranean oceanic fiber optic cable around South America; dispute over the construction of a power station; dispute over the manufacture and distribution of petroleum additives used in automobiles; dispute involving the world-wide manufacture and sale of computer chips used in cell phones regarding claims involved misappropriation of trade secrets, misrepresentation and breach of contract; termination of a distributor by a major electronics manufacturer; issuance of a TRO under the AAA\"s emergency application rules involving the sale of goods by a Chinese company; breach of contract, warranty claims and misrepresentation regarding the refurbishment of an ocean going vessel and financed by international bankers; dispute involving the design and manufacture of airbag technology in automobiles; dispute involving the termination of a truck manufacturer in South America; breach of contract for manufacture and installation of a custom automated production system; dispute for breach of a franchise agreement; dispute relating to a breach of an international grain shipping contract; breach of a senior executive service contract with a private equity company; breach of contract of a trading contract between Hong Kong and U.S. parties; termination of distributor in Asia by major automotive original equipment manufacturer.
Training
AAA Panelist Safety and Security, 2023; AAA/ICDR Arbitrator Conference, 2023; Process Essentials for AAA Arbitrators, 2022; Impartiality: Do You Know Where Your Biases Are? 2021; Cyber Security: A Shared Responsibility, 2020; AAA/ICDR/Arbitration and Mediation Panel Conference, 2019; Arbitrator Performance and Demeanor – Meeting Participant Expectations, 2018; AAA-ICDR/ICC/ICSID 34th Annual Joint Colloquium on International Arbitration, 2017; When Experts Come From Different Planets: Tips for Maximizing the Value of Experts, 2017; Red Flags & Risk Areas: Challenges to Arbitrator Authority, 2017; AAA Inter-Cultural Competencies – Critical to Resolving Multi-Cultural Disputes, 2017; Best Practices for Counsel – Mediating and Arbitrating The Complex Commercial Case, 2016; Best Practices for Counsel – Arbitrating and Alternatively Resolving The Complex International Case, 2016; AAA/ICDR/Mediation.org Panel Conference, 2016; Top Techniques for Improving Arbitration Case Management Efficiency, 2015; The “Eyes” Have It: Optimizing Your Use of Demonstrative Evidence in Arbitration, 2015; AAA The 31st Annual Joint Colloquium, NY, 2014; Maximizing Efficiency & Economy in Arbitration: Challenges at the Preliminary Hearing, 2013; AAA/ICDR Neutrals Conference, 2012; Faculty, ICDR International Symposia in Advanced Case Management Issues, 2012; ICDR/IBA Four Roundtables in Times Square – Putting the Spotlight on International Arbitration, 2011; Webinar, Arbitrator Boundaries: What are the Limits of Arbitrator Authority? 2011; College of Commercial Arbitrators Annual Meeting, 2010; ICDR Joint Colloquium on International Arbitration, 2008; AAA/ICDR International Arbitration Symposium, 2006; Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics (ACE005), 2005; Arbitration Awards: Safeguarding, Deciding & Writing Awards, 2004; AAA Arbitrator Update, 2002; Commercial Arbitration II Training: Advanced Case Management Issues, 2001; AAA/USATF Doping Grievance Arbitrator Training, 2000; AAA Commercial Arbitrator Training, 1999; Various other ADR training.
License(s)
Admitted to the Bar, Illinois, U.S.A., 1990; Barrister at Law, Gray’s Inn, London, England, 1980.
Education
Chicago-Kent College of Law, Chicago IL (JD-1989); King Saud University, Riyadh, Saudi Arabia (Diploma, Arabic-1982); Kingston University, London, England (BA, Law, honors-1978); Honorary Doctor of Laws, Kingston University (2010).
Publications
Trading with America – Gower Press, 1997; various speaking engagements on national and international arbitration disputes and business transactions; recognized by peers in legal guides.
Awards
Award of OBE (Officer of the Order of the British Empire) by H.M. Queen Elizabeth II in her Birthday Honors List in recognition of services to British business interests and the British Community in the United States – 2003.
Panels
American Arbitration Association: National Panel of Commercial Neutrals; Large Complex Case Panel; International Centre for Dispute Resolution panel of International Neutrals.
Associations
Illinois State Bar Association; Honorable Society of Gray’s Inn, London; Fellow, College of Commercial Arbitrators.
Miscellaneous
Citizenship: United Kingdom; United States of America.