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Domestic Arbitration / Alternative Dispute Resolution

Thompson & Knight attorneys represent clients in mediation, arbitration, summary trial proceedings, and other forms of Alternative Dispute Resolution throughout the United States. We have the experience to help clients navigate the complex web of dispute resolution and have conducted arbitrations under the rules of the major arbitral institutions as well as in ad hoc arbitrations.

Overview

Thompson & Knight attorneys represent clients in mediation, arbitration, summary trial proceedings, and other forms of Alternative Dispute Resolution (“ADR”) throughout the United States. We have the experience to help clients navigate the complex web of dispute resolution and have conducted arbitrations under the rules of the major arbitral institutions as well as in ad hoc arbitrations.

At Thompson & Knight, we are acutely aware of arbitration’s increasing importance to our clients. We believe, moreover, that they deserve as much advice before an arbitration has been filed as after. That is why our approach to arbitration is different: we believe in careful, thoughtful preparation of any arbitration clause that may become the subject of a dispute.

We also believe our transactional attorneys have a critical role to play not only in that preparation but also in the conduct of arbitrations themselves. For that reason, our arbitration group, unlike that of virtually any other firm, cuts across our transactional and dispute resolution practice groups.

Our attorneys keep current on the latest developments in ADR procedures, inform and train their colleagues on the effective use of ADR, and present seminars to clients on the advantages of ADR to resolve legal disputes.

Experience

  • Represented an independent energy company in a AAA arbitration involving the breach of a purchase-and-sale agreement for certain oil and gas assets
  • Represented a major oil and gas company in two separate arbitration cases concerning contested title and environmental defects asserted against former shareholders of a petroleum company
  • Represented the purchaser of a major oil and gas company in an accounting arbitration regarding the post-closing adjustment to the purchase price and in two arbitration proceedings regarding alleged breaches of the covenants, representations, and warranties PSA
  • Obtained a unanimous multi-million-dollar arbitration award from a three-member arbitration panel for a Royalty Trust, concerning whether an underlying settlement was a production cost and could be charged to the Trust under the governing contracts
  • Represented an energy company in an arbitration to defend a claim concerning the meaning and calculation of “completion” costs to be carried by the company
  • Represented a NYSE-listed oil and natural gas company in a multi-million-dollar arbitration related to merger and subsequently-discovered title defects
  • Represented a client in an arbitration matter concerning purchase and sale of a 600 MW electric power generating facility
  • Represented a major gas purchaser in the arbitration of multi-million-dollar claims related to plant purchases of product, securing a take-nothing judgment in favor of our client
  • Represented a healthcare provider in a AAA arbitration involving claims for breach of contract related to a stock purchase agreement
  • Obtained a favorable arbitration award for a global medical device and surgical suture company against a union seeking overtime and related remedies for approximately 1,000 employees
  • Represented former officers and directors of a fiber optic manufacturing company in an arbitration involving claims for breach of contract regarding a purchase-and-sale agreement
  • Represented a large electronics manufacturing services company in a AAA arbitration involving claims for breach of contract and unjust enrichment
  • Represented a Fortune 500 telecommunications company in arbitration involving claims for misappropriation of trade secrets, business disparagement, and breach of contract
  • Represented a food product manufacturer in an arbitration proceeding regarding status of independent distributors and other labor claims, securing dismissal of antitrust claims and resulting in complete victory for our client after an arbitration hearing
  • Represented a Fortune 100 agricultural equipment manufacturer in a multi-million-dollar arbitration with a multinational energy services company concerning an energy management services contract
  • Represented a real estate developer as plaintiff in an arbitration proceeding regarding contractual dispute, resulting in complete victory for our client, including award of attorneys’ fees
  • Represented a fund-of-funds company in arbitration and litigation against a former partner in purchase of business
  • Represented a broker-dealer, individual representatives, and owners against an investor’s claim for fraud in a securities arbitration, which resulted in a favorable settlement after arbitration
  • Represented an owner and general contractor against claims by a subcontractor for delay damages in an arbitration proceeding and obtained a favorable arbitration decision
  • Represented a plant owner and operator in an arbitration arising out of a plant shutdown and force majeure