Editorial: Arbitration in Texas

01 May 2007

While the major commercial law firms are represented in this chapter, recognition was also given to a range of sole practitioners. In the former category, King & Spalding LLP is well known internationally for its arbitration practice, particularly relating to oil and gas and energy disputes, foreign investment disputes against governments, and disputes involving Latin American projects. Doak Bishop stood out as the most nominated individual in our research, described as “the go to guy in Texas” and placed at the “very top of the list”. Known for his work as arbitrator and counsel in large business disputes across the world, and in Latin America in particular, Bishop is a member of the arbitration panels of the American Arbitration Association, the London Court of International Arbitration and the World Intellectual Property Organization arbitration court in Geneva, among others. He is also a member of the US delegation to the NAFTA Advisory Committee on Private Commercial Disputes. In recent years he has registered eight ICSID arbitrations, including the representation of a major oil company against a South American government, and successfully representing Colombian and Bermudan companies owned by large US energy companies in an ICC arbitration regarding a dispute involving the construction of a power plant in Colombia. One of only six individuals to appear in three separate chapters in this publication, Bishop is also known for his commercial litigation and oil and gas-related expertise.  “There’s no-one better” than John Bowman for energy and petrochemical disputes according to our sources, and his reputation extends both nationally and internationally in this field. A lateral hire from Fulbright and Jaworski LLP, Bowman also appears in the oil and gas chapter of this book, and his arbitration is similarly well regarded; he is a member of the AAA’s National Energy and Commercial Panels. 

Baker Botts LLP also has two featured individuals. Chair of the firm’s international arbitration and litigation group, Michael Goldberg is current lead counsel in arbitrations under the AAA, ICC, LCIA, and Zurich Chamber of Commerce rules with claims in excess of $15 billion. Based in the Houston office, he was described to our researchers as an “authority in this field”, his recent engagements include the representation of Yemen Exploration & Production Company, a joint venture comprised of subsidiaries of Hunt Oil and ExxonMobil, in a major ICC arbitration in Paris against the Republic of Yemen. He has also represented clients such as Gazprom, Kia Motors and Ford Motor in recent years. From the firm’s Dallas office, Robert Jordan is seen as “truly outstanding”. Internationally known as the former US ambassador to Saudi Arabia from 2001 to 2003, he is a member 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.

William Knull at Mayer Brown LLP is known to have “conducted some huge cases as counsel”, including several multibillion-dollar disputes involving contractual, operational, accounting, governance, jurisdictional and related issues in the oil and gas industry. He is “profoundly experienced”, and has worked under the auspices of the AAA, ICC and NASD, and ad hoc proceedings pursuant to UNCITRAL Rules. Alongside him in this chapter is his colleague in the Houston office Timothy Tyler. A “fine young lawyer”, he has made an impact in the local market in both litigation and arbitration. In the latter field he has recently been involved in an investor-state ICSID arbitration related to a contract for mining equipment, as well as representing a Liechtenstein consulting firm in an ad hoc arbitration in Stockholm under UNCITRAL rules regarding services rendered in connection with the acquisition and operation of an oil field in Kazakhstan.

Fulbright & Jaworski LLP has a presence in this chapter through the inclusion of a partner from the Houston office. Mark Baker was described by one source as “very active, highly capable and extremely experienced”, he is a co-head of the firm’s international department and also co-head of the firm’s arbitration and ADR practice group. Re-elected in May 2007 as director of the AAA, he will continue to hold the position until 2010. Baker has chaired at least eight significant arbitration cases every year since 1998. He is well known for his work in the banking, financial and securities area, as well as for international and domestic disputes relating to construction, power and project finance among others.

Hugh Hackney is co-chair of Greenberg Traurig LLP's international litigation and arbitration practice group, and is based in the Dallas office. A "well-known figure" in the local market, he has participated in international arbitrations involving disputes in Russia, Kazakhstan, Japan, Spain and in several other matters, including a power plant project in India. Hackney was commended to researchers for his employment related work in particular, and is a member of the panel on labour and employment law at the CPR and AAA.

Several other local firms are able to offer a high level of arbitration expertise to their clients. William Andrews of Andrews Myers Coulter & Cohen PC comes "highly recommended for construction work". A member of the AAA's National Panel of Construction Arbitrators since 1988, Andrews was recently approved by its National Construction Dispute Resolution Committee as a member of the construction arbitration master panel.

In Houston former King and Spalding partner Adam Schiffer is now at Schiffer Odom Hicks PLLC. An “outstanding counsel”, he obtained a $71 million award for a major oil company against an independent oil and gas exploration company in an AAA International Rules arbitration; and a $28 million award for a development company in an ICC arbitration in Geneva involving a project in Turkey.

Michael Wilk is president of Hirsch & Westheimer PC in Houston and an "outstanding individual" for all methods of alternative dispute resolution. An arbitrator of the AAA's commercial panel of the American Arbitration Association, he is also currently the chairman of the ADR section for the State Bar of Texas.

In Dallas, Snell Wylie & Tibbals PC's Robert Prather is said by his peers to be a "very fine lawyer". He has served as an arbitrator since 1991 and has over 70 arbitrations under his belt. He is an AAA panel member. From the same city, Jay Vogelson of Stutzman Bromberg Esserman & Plifka PC was also highly commended. With over 20 years' experience, he is on the AAA's commercial, complex case and international panels, and is also an arbitrator at the International Institute for Conflict Prevention & Resolution.

Over in Fort Worth, John Allen Chalk of Whitaker Chalk Swindle & Sawyer LLP was said to be "eminently qualified" and "one of the best on the list". Chalk is on the Neutrals' Panel of the AAA, American Health Lawyers Association, National Arbitration Forum and CPR International Institute, as well as being a member of the LCIA. In recent years he has worked on health care, finance, real estate and employment arbitrations.

Several individuals made an impact on our research; three have links to local universities. Ewell Murphy was described as "one of the founding fathers of international arbitration". He is a Distinguished Lecturer at the University of Houston Law Center. He is well known for his energy and investor state related work, and is chair of a three-arbitrator tribunal engaged in the arbitration of a dispute regarding termination of a distribution/manufacturing agreement covering several South Asian countries, as well as being a party-appointed member of a three-arbitrator tribunal engaged in the arbitration of a dispute regarding termination of a manufacturing agreement. Another distinguished lecturer from the university also makes the cut: ben sheppard was described as an "acknowledged authority in this area". From 1969 to 2005 he practised at Vinson & Elkins LLP and was partner and co-chair of the firm's international dispute resolution practice. He is particularly well known for energy disputes; recent engagements include and development agreements; liquefied natural gas price disputes and gas storage and management agreements. He is on the AAA's roster of neutrals for the commercial and energy panels, and was also chair of the AAA/ICDR task force on prearbitral emergency arbitrator procedure as well as being a member of the ICC task force on reducing time and cost in arbitration. Alan Rau teaches at the University of Texas School of Law, and was described as a "guru" by respondents. "One of the true intellects in the field", he serves on the AAA's commercial and international panels.Interviewees have "a lot of respect for" earl hale in Dallas, and he was praised for his mediation work as well as his arbitration expertise. John Charles Fleming is current chair of the ADR section of the State Bar of Texas, succeeding the aforementioned Michael Wilk, and is a "very gifted arbitrator". He has recently served as the arbitrator in a class action arbitration between independent owner operators and a trucking company, and has recently concluded another multiple party case involving several hundred claimants in a malpractice case.

The treasurer of the state bar's ADR section, John Boyce, also appears among the leading figures in the state. With arbitration experience dating back to the early 90s, he has served as panel chairman in multi-million dollar dispute involving more than 80 parties, growing out of the sale of series of interrelated limited partnership private placement interests in high tech ventures, as well as sole arbitrator in claims involving breach of contract, fiduciary duty, and accounting between physicians and as sole arbitrator in case involving claims of breach of contract and FDA Phase I and Phase II regulations in the manufacturing of oncology drugs.

The final expert to feature in this chapter is William Lemons in San Antonio. A former partner at Cox Smith Matthews, Lemons preceded Wilk as chair of the state bar's ADR section. His recent representative engagements include drilling and other oilfield technology ownership disputes; corporate and partnership dissolutions and trade secret and proprietary information agreements and disputes. He is on the AAA's roster of neutrals for the commercial, employment and large complex case panels, a distinguished neutral on the commercial and employment panels of the CPR Institute for Conflict Prevention and Resolution, and a member of the Chartered Institute of Arbitrators. A permanent neutral for Kraft Foods and Toyota Motor Sales Company, he is "one of the best around" in the view of our sources.

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