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IMI Certified Mediator
Canada, United States
Acquisitions, Business, Commercial
Independent Mediator and Arbitrator, 2001-present
Member of the New York and Ontario (Canada) Bars. Weil, Gotshal & Manges LLP, Partner, 1994-01; Skadden, Arps, Slate, Meagher & Flom LLP, International Counsel, 1990-94; Corporate attorney in New York City during the 1980s.
Full biography available online at: www.gluckadr.com
Full-time ADR neutral since 2001.
More than twenty years of broad corporate, commercial and international legal experience in common law and civil law jurisdictions in the United States, Canada and Europe, including: mergers and acquisitions (private and public companies) as well as related banking and financial transactions; development, acquisition and financing of energy projects; negotiation of electrical power purchase agreements, and oil & gas concession, exploration and joint operating agreements; extensive experience in telecommunications, including acquisition, financing and general representation. Significant corporate experience, including negotiation and drafting of partnership, joint venture, and shareholder agreements; employment and executive compensation agreements; licensing, copyright and distribution agreements. Securities and capital markets experience (public and private offerings of debt/equity) and private equity (both fund sponsors and investors). Represented sovereign States and investors in Central Europe in the privatization of telecommunications, electrical and gas utilities, and various companies in aviation, pharmaceuticals, tire, lighting, and consumer staples.
Mediator in international and domestic commercial disputes involving: partnerships, mergers & acquisitions, joint ventures, finance; private equity, energy, asset recovery, breach of contract, executive employment, franchise, intellectual property, surety, negotiable instruments, commercial real property development, security interests.
REPRESENTATIVE ISSUES HANDLED AS A MEDIATOR:
Mediator for domestic and international disputes including: ponzi scheme asset recovery claim by court appointed receiver; dispute over put rights in an investment vehicle that constructed and owned a jack-up accommodation rig; fiduciary duty claim against a manger of a Delaware LLC engaged in international power projects; dispute between an airline and a sovereign state over landing and operation rights; dispute in connection with the attached bank account in Switzerland of a Central Bank, involving litigation in the U.S. and Switzerland; a regional bank's claim against a software company for deficiencies in proprietary software; distributions agreement dispute; dispute between a foreign State and a municipality involving issues of sovereign immunity; litigation involving a property developer and an insurance company regarding a performance bond obligation; claim by an investment bank for advisory fees relating to M&A transactions; claim for a breach of a Master Electric Supply Agreement; accounting dispute between a telecommunications company and a reseller under a Carrier Services Agreement; executive’s claim for being fraudulently induced into accepting a position in a media company; dispute between international joint venture partners in connection with the operation and control of a Delaware LLC; claim for breach of a national sales ground transportation agreement; claim for breach of a joint venture agreement to develop an electric power plant; suit relating to a private placement of securities in the United States by a Japanese corporation; suits involving sexual harassment, age, retaliation, hostile work environment, race discrimination; dispute over terms of a cell tower license agreement
MULTI PARTY MEDIATION EXPERIENCE: Dispute between a regional utility and a power plant over payment terms under a long-term capacity agreement; ponzi scheme asset recovery claim by court appointed receiver; claim for breach of representations and warranties by South American investors in connection with the purchase of the Argentinian operations of a consortium of European energy companies; derivative suit by minority shareholder against a major franchise operator, its directors, and the trustees of majority stockholder; cargo damage from alleged breach of a maritime contract of carriage; dispute between an airline its investors and a sovereign state over landing and operation rights; fiduciary duty claim by certain of its members against the manager of a Delaware limited liability company engaged in the delivery of international turn-key power projects; suit among contractor, subcontractor, insurance companies and other third parties concerning the construction of a gas pipeline; class action involving the cancellation of a financial instrument by an international financial service company; suit by a medical practitioner against a regional medical center and a large physician's group alleging illegal restraint of trade.
Mediation is a process of facilitated negotiation that encourages parties to evaluate whether and on what basis a dispute should be resolved. I view my role as offering parties insight at critical junctures of the process, assisting them in objectively reviewing their respective positions and helping them make informed decisions about whether and how their dispute can be resolved. Based on my 20+ years' experience as a corporate/international attorney negotiating complex multi-party transactions, I bring to the mediation a solid understanding of the structure and purpose of the underlying agreements and related documents.
I believe that an essential driver for a successful mediation is careful preparation. As such, in advance of the mediation, I normally request a detailed mediation statement from each of the parties, including relevant underlying documents. Prior to the mediation, I also confer with the parties in order to better appreciate the issues and their respective positions. At the mediation, I encourage full participation by party representatives as well as their attorneys. Generally, I start with a facilitative style, moving toward reality testing, which may culminate in an evaluative approach if the parties so request.
Mergers & Acquisitions
Energy (Oil & Gas, Electrical Power Generation and Distribution)
International Commercial (Civil and Common Law)
American Arbitration Association (AAA), International Centre for Dispute Resolution (ICDR); CPR International Institute for Conflict Prevention & Resolution (CPR); Florence International Mediation Chamber; United States District Court, Southern District of New York; United States Bankruptcy Court, Eastern District of New York.
AAA; ICDR; CPR; London Court of International Arbitration (LCIA); U.S. and Canadian Panels of the International Chamber of Commerce (ICC); Vienna International Arbitration Centre (VIAC); Kuala Lumpur Regional Centre for Arbitration (KLRC); British Columbia International Arbitration Centre (BCICAC).
Fellow, College of Commercial Arbitrators; International Bar Association (Arbitration Committee); American Bar Association (Section of Dispute Resolution); New York State Bar Association (Arbitration and Mediation Committees); Association of the Bar of the City of New York; International Arbitration Club of New York.
Available on request
Training and Education
CPR International Institute for Conflict Prevention & Resolution; United States District Court, Southern District of New York.
Great Expectations: Meeting the Challenge of a New Arbitration Paradigm, 23 Am. Rev. Int'l Arb. 231 (2012);
Co-Author, The College of Commercial Arbitrators Guide to Best Practices in Commercial Arbitration, Chapter 8, "Discovery" and Chapter 9 "Summoning Nonparty Witnesses", (Juris Press, 4th Ed. 2017);
Standard Form Contracts: The Contract Theory Reconsidered, 28 Int’l & Comp. L.Q. 72 (1979).