DAVID E. WAGONER
Chartered Arbitrator
FCI Arb. - FSI Arb.
INTERNATIONAL ARBITRATION CHAMBERS
AREAS OF EMPHASIS
- Arbitrator and mediator in international and domestic cases.
- Consultant in all aspects of dispute resolution, including the negotiation
of clauses, the conduct of arbitration proceedings, and the enforcement
of arbitration awards.
- Special focus on international arbitration.
REPRESENTATIVE CASES
- Appointed by the ICDR-AAA in an arbitration in Washington,
D.C. and New York involving a foreign investment agreement with a South
American Government in which a United States party agreed to rehabilitate
and sell power from a plant in South America, being privatized.
- Chair of an ICDR-AAA Maritime and commercial arbitration in
New York involving French and United States parties over the construction in
France of a yacht for charter in the Mediterranean and Caribbean.
- Appointed by the ICDR-AAA in a Moscow arbitration involving
a dispute over the termination of a bottling equipment agreement between
United States and Russian parties.
- Chair of an ICC arbitration in San Francisco between
United States and Taiwanese parties involving a television programming
agreement.
- Sole arbitrator in an AAA international arbitration
involving a defective product dispute between U.S. and Taiwanese parties.
- Sole arbitrator in an ICC arbitration involving a
licensing and royalty dispute between Canadian and Korean parties.
- Sole arbitrator in a BCICAC arbitration in British
Columbia between Korean and Canadian parties in a franchise termination
dispute.
- Appointed by an Indonesian party in an UNCITRAL
arbitration in Singapore with another Indonesian party involving the supply
of fuel to a large power plant.
- Appointed by a Japanese company in an ICC arbitration
with a Russian Federation Company involving a claim under a debt
restructuring agreement.
- Nominated by a different Japanese party in a similar
dispute with another Russian party (ICC).
- Sole arbitrator in a multi-million dollar dispute
concerning the purchase of electric power (AAA).
- Appointed by a US company in an arbitration in Zurich
involving an aircraft leasing dispute with an airline of an independent
Eastern European Republic (ICC).
- Appointed in a domestic dispute involving the sale of
aircraft and spare parts (AAA).
- Presiding arbitrator in a controversy involving the
purchase of a master franchise and alleged violations (AAA).
- Presiding arbitrator in a controversy over the
construction of a major yacht (CPR).
- Mediator in a controversy over the termination of a
large number of restaurant franchises (CPR).
- Counsel for a U.S. business in a Chinese arbitration
in Shenzhen, China and defense of enforcement action under New York
Convention in U.S. District Court.
- Counsel for an American company in an ICC arbitration
in Geneva involving commission owed by a German company on the sale of
aircraft components.
- Counsel for an Indonesian client in a Singapore
arbitration resulting from the termination by European interests of a major
hotel joint venture in Indonesia.
- Consultant to U.S. companies in disputes with
Philippine and Malaysian parties involving Hong Kong and London (ICC)
arbitrations.
- Extensive experience in complex international and
commercial litigation.
- Accustomed to writing extensive arbitration awards
with a view toward enforceability.
- Special emphasis on expeditious management of
Arbitration proceedings.
TEACHING, PUBLISHING, SPEAKING ACTIVITIES
- Faculty: international arbitration training - AAA, Chartered Institute
of Arbitrators, WIPO.
- Publications: Interim relief, negotiation of clauses, tribunal appointed
experts, Russian arbitration law, New York Convention enforcement action,
international arbitration management.
- Presentations: Tribunal management of arbitral proceedings, harmonization
of procedures in international arbitration, Chinese arbitration, and a variety
of other subjects.
ARBITRATION / MEDIATION FORUM
- American Arbitration Association
(International, Large Complex Case, Commercial)
- British Columbia International Commercial Arbitration Centre
- China International Economic & Trade Arbitration Commission (CIETAC)
- Hong Kong International Arbitration Centre
- World Intellectual Property Organization
- CPR Institute for Dispute Resolution
- London Court of International Arbitration
- G.C.C. Commercial Arbitration Centre (Bahrain)
- National Association of Securities Dealers, Inc. (NASD)
- Slovenia, Permanent Court of Arbitration
RELATED EXPERIENCE
Partner at Perkins Coie, Seattle, WA, 1965-1996
Law Clerk to Hon. Justice Harold H. Burton, Jr., United States Supreme Court,
1956-57
Law Clerk to Hon. Herbert F. Goodrich, United States Court of Appeals, Third
Circuit, 1955-56
PROFESSIONAL ASSOCIATIONS AND ORGANIZATIONS
- Chartered Arbitrator
- Swiss Arbitration Association
- Fellow, The Chartered Institute of Arbitrators
- Fellow, Singapore Institute of Arbitrators
- The Academy of Experts
- International Arbitration Club, London
- London Court of International Arbitration, North American Council
- Fellow, American College of Trial Lawyers; Legal Ethics and Professionalism
Committees
- American Bar Association, Past Chairman, Standing Committee on Federal Judicial
Improvements and Member, Commission on Separation of Powers and Judicial Independence
- Fellow, American Bar Foundation
CIVIC AND CHARITABLE ACTIVITIES
Seattle Public Schools, Board of Directors (1965-73); President
(1968; 1973)
Evergreen State College Foundation, Trustee (1980-92); Chairman (1986-87)
Pacific Northwest Ballet, Member of Board (1982-93); Legal Counsel (1984-86)
PROFESSIONAL RECOGNITION
Who's Who in the World, Who's Who in America, Who's Who in
American Law
EDUCATION
Yale University, B.A., 1950
University of Pennsylvania, LL.B., 1953, Editor, University of Pennsylvania
Law Review
ADMITTED TO PRACTICE
Washington, District of Columbia
United States Supreme Court, several United States District
Courts and Courts of Appeals
RECENT DEVELOPMENTS
§
Arbitration Panel,
Singapore Institute of Arbitrators
§
Energy and Oil and Gas
Panel, CPR
§
Article – “A Breath of
Fresh Air in Chinese Dispute Resolution,” Swiss Arbitration Association
Bulletin, 1/2006 (MARS)
§
Article – “Japan
Becomes a Friendly Place for International Arbitration,” AAA’s Dispute
Resolution Journal, Feb-April, 2006
§
Coached the first
University of Washington Law School team to compete in the William E. Vis
International Commercial Arbitration Moot Competition in Vienna, Austria
April 2006
§
Presentation on
Dispute Resolution in China and Japan at conference “Transatlantic
Perspectives on ADR” sponsored by St. John’s University School of Law and
the Chartered Institute of Arbitrators in London, July 2006
§
Faculty Member, ICDR Arbitrator Symposia, Chicago, September 2006
§
Scheduled to be tutor
(assessor) in joint Arbitrator Training Program of CPR and the Chartered
Institute of Arbitrators in New York City in October 2006
§
Scheduled to be a
speaker on Management of Costs in Arbitration at Asia Pacific Regional
Arbitration Group Conference, Hong Kong, December 2006
§
Contributing Author:
Guide to Best Practices in Commercial Arbitration, the College of
Commercial Arbitrators (JurisNet LLC 2006)
§ Articles on Managing
International Arbitration and Interim Relief published in AAA Handbook on
International Arbitration and ADR (JurisNet LLC 2006)