Most Highly Regarded Firms: Texas 2008 - Arbitration
The forum of choice across many industries, commercial arbitration is one of the central methods of dispute resolution in Texas.
This chapter identifies 23 individuals - both from major commercial firms and sole practitioners - who lead this field, whether acting as neutral, panellist or counsel, and collectively they offer experience of both domestic and international disputes.
King & Spalding LLP in Houston is home to the most highly regarded individual in the research. Doak Bishop is "at the pinnacle of the profession" and viewed as the "cardinal of commercial arbitrators in Texas". He stands out for his international practice as both arbitrator and counsel, and is vice chairman of the Institute of Transnational Arbitration and a trainer for AAA's international arbitration panel. Particularly well known for his energy-related expertise and experience of working in Latin America, he has registered eight ICSID arbitrations, including the representation of a major oil company against a South American government, and is preparing other ICSID arbitrations against governments from South America and Asia. He has also successfully represented Colombian and Bermudan companies owned by large US energy companies in an ICC dispute involving the construction of a power plant in Colombia, as well as successfully representing a domestic oil company against Canadian and Bahamian companies in an AAA dispute. With further experience of UNCITRAL and LCIA disputes, as well as at the Iran-US Claims Tribunal, he "stands out from the field".
King & Spalding's practice in this area was further strengthened by the August 2007 lateral hire of John Bowman from Fulbright & Jaworski LLP. With nearly 30 years' experience of domestic and international energy disputes, Bowman "adds considerable strength to what was an already strong team". A member of the panel of arbitrators of the AAA International Centre for Dispute Resolution, he was also selected as a member of the AAA national energy, Houston oil and gas and commercial panels.
Baker Botts LLP has two leading figures in this chapter. Michael Goldberg is chair of the firm's international dispute resolution section and a "hugely impressive individual" with an "extraordinary breadth of international experience". He has been lead counsel in arbitrations under the AAA, ICC, LCIA, and Zurich Chamber of Commerce with claims in excess of $15 billion, and is "one of the most knowledgeable figures in Texas" in the eyes of our sources. He is joined once again by Robert Jordan, who is based in the Dallas office and is "phenomenally well regarded". Recognised worldwide for his role as US ambassador to Saudi Arabia from 2001 to 2003, his arbitration credentials include membership of the AAA's commercial panel of arbitrators, the national panel of distinguished neutrals of the CPR International Institute for Conflict Prevention & Resolution and the LCIA.
Mayer Brown LLP is another leading commercial firm to earn two nominees in this chapter. William Knull has over 30 years of dispute resolution experience and is viewed as "very eminent" by his peers. Picked out for his expertise relating to energy disputes in particular, he has acted as counsel in arbitrations under the auspices of the AAA, ICSID, ICC, ICDR and NASD, and ad hoc proceedings pursuant to UNCITRAL Rules. Timothy Tyler is a "worthy inclusion on the list", recognised for his work in commercial and investor-state arbitrations. His expertise in construction disputes was repeatedly commended to researchers, and he has participated in ICC, ICSID and Cairo Regional International Arbitration Centre proceedings.
Mark Baker co-heads the Fulbright & Jaworski LLP international department for all 16 of its locations and is also co-head of the arbitration and ADR practice group. He has chaired at least eight significant arbitration cases every year since 1998, and is vice chairman of the International Bar Association's dispute resolution section and chairman of the AAA's international advisory committee, among many other high-profile roles. "Extremely highly regarded" by his peers and "internationally recognised", he has arbitrated before many of the world's arbitral bodies and has experience of AAA, ICSID, ICC and UNCITRAL proceedings among others in a range of countries worldwide.
Jeffrey Osgood of Strasburger & Price LLP in Dallas is a new entry in this edition, and comes "strongly recommended" by those who know his work. An "authority" on health-care-related disputes, he has served as sole arbitrator and panel member in various AAA proceedings. William Hartsfield of Hamilton & Hartsfield PC is another addition to this chapter, and was consistently praised to researchers.
The "first-class" John Allen Chalk of Whitaker Chalk Swindle & Sawyer LLP in Fort Worth was also recognised for his health-care expertise, as well as in the finance, real estate and employment sectors. Chair elect of the State Bar of Texas ADR Section Council, he is "extremely well informed" and was commended for both his domestic and international practice.
Robert Prather of Snell Wylie & Tibbals PC in Dallas is "highly regarded" as an "excellent arbitrator". With over 70 arbitrations behind him, as well as more than 200 mediations, he is an AAA panel member and earns a place among the leaders in the state in this field.
Jay Vogelson of Stutzman Bromberg Esserman & Plifka PC is a "pillar of the community". With more than 20 years' experience in the field, he is on the AAA's commercial, complex case and international panels, as well as acting as arbitrator at the International Institute for Conflict Prevention & Resolution and under UNCITRAL and other international rules.
Hugh Hackney chairs Greenberg Traurig LLP's international dispute resolution and arbitration practice group and is regarded as "hugely able and very effective". He has been involved in international arbitrations involving disputes in Russia, Kazakhstan, Japan, Spain and India, and is a member of the CPR and AAA panels on labour and employment law, as well as of the National Arbitration Forum Panel of Arbitrators and Mediators, the Chartered Institute of Arbitrators and the LCIA.
Formerly head of King & Spalding's international arbitration practice group, Adam Schiffer founded Schiffer Odom Hicks PLLC in 2007. An "efficient and impressive operator", he has participated in 14 arbitrations across the US, as well as in Geneva, London and Mexico City, under the rules of the ICC, LCIA, UNCITRAL, ICSID, JAMS and AAA.
Michael Wilk is president of Hirsch & Westheimer PC in Houston and a "formidably well-informed individual". Former chairman of the ADR Section for the State Bar of Texas, he is also a member of the AAA panel of neutrals/large complex commercial cases; the CPR International Institute for Conflict Prevention and Resolution panel of distinguished neutrals and the American Health Lawyers Association panel of neutrals (arbitration and mediation).
John Charles Fleming is at Hays & Owens LLP, and like Wilk is another former chair of the ADR section of the State Bar of Texas. "Hugely respected" in the local market, he was commended for his knowledge of banking, insurance, mortgage and energy-related disputes.
SOLE PRACTITIONERS
Outside the state's major law firms, high levels of expertise can be found among sole practitioners. Ben Sheppard is a distinguished lecturer at The University of Houston Law Center and "at the very top of the heap", according to our sources. Formerly co-chair of Vinson & Elkins' worldwide international dispute resolution practice, he has "a wealth of experience in this field" and currently serves on the AAA panel of neutrals, the International Centre for Dispute Resolution's international panel of arbitrators and on the CPR Institute's roster of neutrals, and is also a member of the Chartered Institute of Arbitrators and the LCIA.
Earl Hale in Dallas is an "exceptional arbitrator", recognised by his peers for his arbitration and mediation work across a range of sectors including antitrust, construction, communications, IP and health care.
Alan Rau is a professor at the University of Texas School of Law, and is regarded as "the fount of all knowledge" by one of our sources. He serves on the AAA's commercial and international panels and has a place among the most highly regarded arbitrators in the state.
John Boyce III is chair elect of the State Bar's ADR section and a "hugely skilled arbitrator". He has served on the AAA commercial large complex case and securities panels, as well as on the panels of the CPR Institute, the American Health Lawyer's Association, the Financial Industries Regulatory Authority and the National Arbitration Forum. He stands out for his knowledge of commercial and financial cases, including those relating to negotiable instruments, investment securities, IPOs, lending agreements and accounting malpractice.
Ewell Murphy is recognised both domestically and internationally for his "outstanding practice". A former chair of Baker Botts LLP's international department, he was picked out for his expertise on transnational commercial disputes, especially in relation to investor-state and energy-related work.
The "brilliant" William Lemons in San Antonio is another highly rated individual. Formerly of Cox Smith Matthews, he is another of this list's former chairs of the State Bar's ADR section. A member of the AAA's roster of neutrals for the commercial, employment and large complex case panels, the Chartered Institute of Arbitrators and a distinguished neutral on the commercial and employment panels of the CPR Institute for Conflict Prevention and Resolution, he is also a permanent neutral for Kraft Foods and Toyota Motor Sales Company.
Melinda Jayson is a new entry to this edition, and is a "very fine practitioner" in the eyes of her peers. Recognised for her work as both arbitrator and counsel, she was commended across a range of sectors including commercial, health care, corporate and employment matters, she is a member of the AAA's commercial and large complex case panels, and the CPR International Institute of Dispute Resolution, among others.