David B. Wilson serves as an arbitrator in complex, high stakes international and U.S. commercial and IP disputes, often (but not exclusively) involving the energy and technology sectors and with amounts up to $640 million in dispute to date.
Experience
As arbitrator (chair, panelist, sole arbitrator and emergency arbitrator) in international and U.S. arbitrations, David Wilson has received about 75 arbitral appointments, including about 30 international appointments. Including his work as counsel, he has handled over 200 cross-border matters, involving parties in more than 45 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: BANKING AND FINANCIAL SERVICES: Loan and security agreements, equity and debt financing, electronic payment processing, credit cards, and other commercial and investment banking. CORPORATIONS AND SHAREHOLDERS: Breaches of fiduciary duty by officers and directors; business torts; commercial contracts; federal and state law employment issues; GAAP accounting and related financial reporting; securities fraud; shareholder rights. ENERGY, RENEWABLE ENERGY, AND MINING: Oil and Gas Exploration, Drilling, and Production--Various disputes over oil and gas leases, exploration agreements, operating and participation agreements, and areas of mutual interest; express and implied covenants to explore, drill, and market; farmout agreements; permitting issues; pooling agreements; royalties and shut-in royalties; title issues; federal and state excise taxes; force majeure, drill or pay clauses; midstream capacity and delay issues; and related mergers and acquisitions, post-closing purchase price adjustments, and allegations of breaches of representations and warranties. Oilfield Services--Various disputes over drilling contracts, materials, and production; downhole tools, intellectual property, and technology; waste disposal; pipeline transportation of water for fracking operations, land transportation of frack sand; safety, personal injuries and wrongful death; and other issues related to operations and personnel at the drilling site. Renewable and Alternative Energy--Various disputes over the construction and operation of a biodiesel plant, construction and operation of solar energy plants, power line right-of-way acquisition for solar energy plants, components for solar panels, and related mergers and acquisitions, post-closing purchase price adjustments, sales of goods, and other breaches of contract. Mining--Various disputes over coal and uranium (as well as gold) mines, including joint ventures, mergers and acquisitions, and requirements and supply contracts. INTELLECTUAL PROPERTY: Patents, trademarks, copyrights, theft of trade secrets and other confidential information; covenants not to compete, and unfair and deceptive trade practices. MANUFACTURING AND DISTRIBUTION: Sales of goods, agency, unfair competition, and requirements and supply contracts. MERGERS AND ACQUISITIONS: Post-closing purchase price and working capital adjustments (including in broadband telecommunications, energy, and renewable energy industries); breaches of representations and warranties; fraud; securities fraud; breach of fiduciary duty; shareholder rights; and freeze outs and other fights over corporate control. Matters include disputes under New York, Delaware, and various other laws. SPACE AND SATELLITES: Satellite carriage and orbital location agreements, satellite launch services, and sales of satellite components. TECHNOLOGY AND EMERGING TECHNOLOGY: FinTech, e-commerce and the Internet, blockchain and cryptocurrency, cybersecurity, electronic election systems, software design, software and other IP licensing, and privacy and online identity. TELECOMMUNICATIONS: Broadband; joint ventures, mergers and acquisitions, breaches of representations and warranties, investment banking, commercial banking, corporate governance, shareholder rights, securities, technical cooperation and services contracts, programming, equipment supply agreements, subscriber management and billing systems; and CATV system design.
Work History
Independent Arbitrator and Mediator, David B. Wilson Dispute Resolution LLC, June 2024-present; Member, Sherman & Howard L.L.C., 2013 – May 2024; 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, cryptocurrency, 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 ICDR arbitration between U.S. and Taiwanese companies in the telecommunications and technology industries; Panel chair in an ICDR arbitration between Canadian and U.S. parties involving patents and state law claims related to products used in the oilfield services industry; Panel chair in an ICDR 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 AAA arbitration between members and managers of a Delaware LLC involved in the management of investments; Panel chair in an AAA arbitration involving Professional Employer Organizations (PEOs); Panel chair in an AAA arbitration concerning the breach of an agreement for the distribution of chemical additives used in the oil and gas industry; Emergency arbitrator in an ICDR arbitration concerning the shareholders of a European sports team; Panel member in an ICDR arbitration between a multinational company and a Honduran company on claims for breach of a distribution agreement; Panel member in an AAA arbitration concerning the purchase and sale of equipment used in the oil and gas industry; Panel member in an AAA arbitration involving a joint venture formed to supply water in connection with the oil and gas industry; Panel member in an AAA arbitration among the members of a limited liability company over amounts owed to a withdrawing member; Panel member in an AAA arbitration regarding contracts for the sale of coal; Sole arbitrator in an ICDR arbitration between parties to a cryptocurrency venture; Sole arbitrator in an ICDR arbitration between parties in the Caribbean region on claims for breach of a franchise agreement; Sole arbitrator in an ICDR arbitration between Chinese and U.S. parties concerning the sale of solar energy equipment; Sole arbitrator in an ICDR arbitration between Kyrgyz and U.S. parties involving the international sale of goods; Sole arbitrator in an ICDR arbitration between Canadian and U.S. parties involving contract and securities law issues related to the sale of renewable building products; Sole arbitrator in various ICDR arbitrations between Chinese and U.S. parties related to the international sale of goods; Sole arbitrator in an ICDR arbitration under Mexican law between a Canadian company and a U.S. company and its Mexican subsidiary on claims related to a mining venture in Mexico; Sole arbitrator in an ICDR 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 ICDR arbitration between various individuals and a Canadian company on claims for breach of contract arising out of share purchase agreement involving a company in the healthcare industry; Sole arbitrator in an ICDR arbitration between a Chinese company and a U.S. company concerning the manufacture, distribution and sale of die-cast molded parts; Sole arbitrator in an ICDR arbitration between U.S. and Canadian parties on claims for breach of contract; Sole arbitrator in an ICC arbitration on claims for breach of a contract for the sale of specialty chemicals; Sole arbitrator in an ICC arbitration on claims for breach of contract between a U.S. company and an Asian company; Sole arbitrator in an AAA arbitration on claims for breaches of contract in the financial services industry; Sole arbitrator in an AAA arbitration on claims for breach fiduciary against a former officer of a Delaware corporation in the oil and gas industry; Sole arbitrator in an AAA arbitration concerning a venture for waste processing in the oil and gas industry.; Sole arbitrator in an AAA arbitration concerning cryptocurrency and cybersecurity; Sole arbitrator in an AAA arbitration concerning e-commerce; Sole arbitrator in an AAA arbitration on claims for breach of a contract for telecommunications networking services; Sole arbitrator in an AAA arbitration for breach of a contract for accounting 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
Best Lawyers in America (Arbitration, 2017-present; 2024 and 2021 Denver Arbitration Lawyer of the Year; Commercial Litigation, 2024-present) Best Law Firms in America (Colorado--Tier 1, Arbitration and Commercial Litigation) (2026-present) Chambers USA (International Arbitrators--Nationwide, Tier 3 (2026-present) Legal 500 (Denver City Elite--Tier 1, Dispute Resolution) (2026-present) Lexology Index/Who\"s Who Legal (Commercial Arbitration) (2009-2019; 2022-present); Client Choice Award (2026) Colorado Super Lawyers (Alternative Dispute Resolution, 2024-present; Business Litigation, 2006-2024) 5280 (The Denver Magazine) Top Lawyers (Alternative Dispute Resolution, 2024-present; International, 2015-2024) Expert Guides\" Best of the Best Global (Commercial Arbitration) (2019-2021) Expert Guides\" Best of the Best USA (Commercial Arbitration) (2017-2022) Guide to the World’s Leading Experts in Commercial Arbitration (2007-2022)
Panels
American Arbitration Association’s National Roster of Arbitrators (including the Energy, Financial Services, Large, Complex Case, Joint Venture, Mergers and Acquisitions, Technology, and Telecommunications Panels); Asian International Arbitration Centre Panel of Arbitrators; BVI International Arbitration Centre Panel of Arbitrators; EU-U.S. Data Privacy Framework (DPF) List of Arbitrators; HKIAC Panel of Arbitrators; ICDR Panel of Arbitrators; 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, 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, 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. Recent presentations include: Speaker, \"Ethics at the Crossroads: Arbitration Practice in a Changing Legal Landscape,\" AAA/ICDR (Feb. 2026) (webinar); Speaker, \"Drafting Effective Dispute Resolution Clauses in Energy Project Contracts,\" AAA/ICDR (Sept. 2025) (webinar); Speaker, “Oral Hearings in International Commercial Arbitration: Arbitration Advocacy from Start to Finish,” U.S. Dept. of Commerce Comm. Law Dev. Prog. and Vis Alumni Ass’n Kazakhstan (July 2024); 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 International Arbitrators on Better Arbitration Advocacy,” Colo. Bar Assoc. Int’l Law Section and College of Commercial Arbitrators (Dec. 2023); Panelist, “Practical Tech Tips And Tools For Domestic And International Arbitrators From The ICC Commission Report On Leveraging Technology,” College of Commercial Arbitrators (September 2023); Moderator, “Building a Dispute Resolution Toolbox for Your Business,” ICC Int’l Court of Arbitration and AZ Assoc. of Corporate Counsel, Phoenix, AZ (February 2023); Moderator, “Insiders’ Views on Arbitral Appointments in the New Normal: Perspectives from the London Court of International Arbitration and the Equal Representation in Arbitration Pledge,” Chartered Inst. of Arbitrators and LCIA (August 2022); 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 Court of Arbitration and AZ Assoc. of Corp. Counsel (Feb. 2021); Speaker, “Int’l Arbitration in the Time of COVID,” ICC Int’l Court of Arbitration and Colo. Bar Assoc. Int’l Law Section (Dec. 2020); Speaker, “Ethics in Int’l Arbitration,” AAA/ICDR and Colo. Bar Assoc. Litigation and Int’l Law Sections, Denver, CO (Nov. 2019); Panelist, “Int’l Arbitration: Key Issues for New Mexico Businesses,” ICC Int’l Court of Arbitration and NM State Bar Trial Section, Albuquerque, NM (June 2019); Panelist, “Cybersecurity and Data Protection in Int’l Arbitration: Practical Suggestions for Case Management and Compliance,” Practising Law Inst. One Hour Briefings (Oct. 2018); “Avoiding Common Mistakes in Int’l Arbitration,” ICC Int’l Court of Arbitration, 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 Arbitration,” 12th ICC New York Conference, New York, NY (Sept. 2017); “Sanctions for Unsuccessful Challenges to Int’l Arbitration Awards,” ABA “CLE in the City” Series, Int’l Dispute Resolution Track, ABA Annual Meeting, New York, NY (Aug. 2017); and many other speeches and seminars.
