Thomas J. Brewer

  

TELEPHONE
(206) 623-5321		 THOMAS J. BREWER
ARBITRATOR•MEDIATOR
SUITE 1150
719 SECOND AVENUE
SEATTLE, WASHINGTON 98104
tjbrewer@tjbrewer.com		 FACSIMILE
(206) 623-5670

Representative Arbitration Engagements


Arbitrations pending or in which an award was issued within the past year include:

  • An international arbitration between Belgian and Brazilian owners of an oil and gas refinery and its associated oil and gas trading partnership relating to a corporate governance dispute and resulting exercise of one owner's "put" rights. (Panel Chair)
  • An international biotech arbitration between U.S. and Swiss parties related to alleged breaches of a licensing agreement covering certain genotypes sold for use in a test kit for human papillomavirus. (Neutral Panelist)
  • A domestic energy arbitration between a consortium of public utility districts and a private generating company relating to interpretation and enforceability of a five-year option agreement to purchase electric power from a gas-fired generating plant. (Panel Chair)
  • A complex international arbitration between British, Israeli and U.S. investors in a large commercial real estate project related to alleged breaches of the parties' development agreements, fiduciary duties and capital call obligations. (Neutral Panelist)
  • A domestic energy arbitration between a state governmental entity and a private electric power generator relating to alleged breaches of a long-term power supply contract. (Panel Chair)
  • An international arbitration between Indian and U.S. parties relating to interpretation and enforcement of the royalty provision in a software licensing agreement permitting manufacture of an avionics navigational product sold to the commercial aviation industry. (Neutral Panelist)
  • A domestic antitrust arbitration in which the claimant medical provider groups allege violations of the antitrust laws by several large health insurance companies. (Panel Chair)
  • A dispute between former joint venure parties alleging breach of contract, business torts, fraudulent conveyancing and misappropriation of trade secrets. (Neutral Panelist)
  • A dispute between a lessor and lessee concerning claims for repairs and alterations following termination of a forty-year manufacturing lease. (Panel Chair)
  • An international M & A arbitration between European and U.S. parties arising out of the sale of a software company in which the buyer alleges breaches of representations and warranties given by the sellers related to balance sheet and tax liabilities. (Neutral Panelist)
  • A domestic energy arbitration involving a dispute between a PURPA generating plant and a large utility over the avoided cost calculation provisions in a thirty-year power purchase and sale agreement. (Panel Chair)
  • A dispute between a hospital and an IT vendor over alleged breaches of a healthcare IT services outsourcing agreement. (Sole Arbitrator)
  • A consumer protection, business tort and breach of contract dispute between property owners and a company engaged in removing underground storage tanks and remediating petroleum-contaminated soils. (Sole Arbitrator)
  • A California-based contract dispute between a large commercial retailer and a consultant relating to enterprise-zone tax credits. (Sole Arbitrator)
  • A class action arbitration between auto dealers and a provider of a computerized parts display service and related equipment. (Panel Chair)
  • A dispute between owners of an HMO over alleged related-party transactions and breaches of fiduciary duties by directors of a Medicaid managed care company. (Neutral Panelist)
  • A large Alaska-based construction dispute. (Panel Chair)
  • A distributor-termination and valuation dispute between a brewery and a beer distributor. (Sole Arbitrator)
  • A dispute between a natural gas shipper and gatherer over alleged breaches of certain natural gas gathering agreements. (Neutral Panelist)
  • A dispute between a hospital and a managed care company relating to reimbursement disputes. (Sole Arbitrator)
  • A dispute between a cable television provider in the Southeastern U.S. and a management consulting firm arising out of performance and termination of the consulting agreement. (Neutral Panelist)
  • A class action employee benefits arbitration between construction workers and a labor union pension fund over issues related to credit for prior shop service. (Sole Arbitrator)
  • A class action arbitration between an alleged class of clinical pathology providers and a large managed care company operating in Tennessee arising out of reimbursement denials for certain services provided by the pathologists. (Panel Chair)
  • A dispute between investors in certain oil field properties. (Neutral Panelist)
  • A construction dispute between a general contractor and a soils subcontractor relating to a junior high school construction project. (Sole Arbitrator)
  • An international arbitration involving applications for emergency relief between parties engaged in the aviation industry. (Sole Arbitrator)
  • A wrongful termination/employment discrimination case. (Sole Arbitrator)
  • A construction dispute between a large subcontractor and the developer of several extensive condominium and apartment building projects. (Sole Arbitrator)
    • Cases handled as a neutral have included many large disputes but have also included a wide variety of other matters, of varying size, involving corporations, privately-held companies, LLC's, partnerships, governmental entities and individuals. Earlier cases have included:
  • An international arbitration involving alleged breaches of shareholder and partnership agreements between parties engaged in the oil and gas industry. (Panel Chair)
  • An eight-figure arbitration involving a dispute over interpretation and performance of an option agreement for long-term sales of electric power. (Panel Chair)
  • A dispute between Saudi Arabian and U.S. software joint venture partners. (Panel Chair)
  • An eight-figure international arbitration alleging breaches of long-term supply contracts for zinc concentrates. (Panel Chair)
  • A patent licensing dispute related to distribution in Brazil of certain agricultural seed products containing patented insect-resistant transgenically modified traits. (Panel Chair)
  • An arbitration between a U.S. manufacturer of business jets and a European customer involving breach of warranty claims. (Panel Chair)
  • A nine-figure energy dispute between Canadian parties involving alleged breaches of a long-term electric power purchase and sale agreement. (Sole Arbitrator)
  • A dispute involving small-parcel shipping charges incurred by a major internet-based retailer. (Panel Chair)
  • A dispute related to exports of Alaska seafood products to China and Japan. (Sole Arbitrator)
  • A contract dispute between an Italian manufacturer and the former CEO of its U.S. subsidiary. (Panel Chair)
  • A dispute between an affiliate of the Chinese government and a U.S. party related to a timber and real estate project. (Sole Arbitrator)
  • A contract dispute between a high-tech multinational company headquartered in India and the former CEO of its U.S. subsidiary. (Sole Arbitrator)
  • An arbitration between Swedish and U.S. parties involving alleged breaches of a patent licensing agreement covering certain microprocessor technology used in cell phones. (Neutral Panelist)
  • An arbitration between a large oil company and a state government to determine the value of the company's Alaska North Slope crude oil production landed on the U.S. West Coast. (Neutral Panelist)
  • A nine-figure arbitration between a prominent professional athlete and a manufacturer of athletic clothing and footwear arising out of an international licensing and promotional agreement. (Panel Chair)
  • An eight-figure dispute between a software development firm and a company owning natural gas pipelines involving breach of contract and breach of warranty claims related to customization and development of a pipeline-management software package. (Neutral Panelist)
  • An eight-figure accounting-based dispute between parties involved in financing and operation of two large hotels in Chicago and San Francisco. (Panel Chair)
  • A dispute involving securities and tort claims brought by an Indian tribe against its former investment advisory firm. (Panel Chair)
  • A dispute relating to a business purchase and sale, and related unit buy-back agreements. (Sole Arbitrator)
  • A re-credentialing dispute between a Medicaid managed care organization and a physician. (Panel Chair)
  • A dispute involving the U.S. Olympic Committee and the national governing body of an Olympic sport. (Neutral Panelist)
  • A dispute related to an investment banking firm's claim for its fees due to services provided to a client in connection with a corporate acquisition. A telecommunications industry dispute involving nine-figure claims and eight-figure counterclaims. (Panel Chair)
  • An insurance coverage dispute relating to investment losses suffered by the retirement trust of a large labor union. (Panel Chair)
  • A software industry dispute involving alleged breaches of an asset purchase agreement. (Sole Arbitrator)
  • A class action arbitration involving alleged violations of Oregon's minimum wage, minimum employment conditions and overtime laws. (Sole Arbitrator)
  • A class action arbitration involving residential home sales in Illinois. (Neutral Panelist)
  • A class action arbitration between an alleged class of physicians and a health insurance company operating in Texas related to denials of reimbursement requests for the professional component services portion of billings for certain clinical diagnostic tests performed in a hospital setting. (Neutral Panelist)
  • A class action arbitration between an alleged class of franchisees and a franchisor based in California. (Panel Chair)
  • An eight-figure arbitration relating to construction and management of a casino in California. (Panel Chair)
  • A substantial construction arbitration related to a state prison project. (Panel Chair)
  • An Idaho arbitration of construction claims and breach-of-privacy counterclaims involving entertainment industry personalities. (Panel Chair)
  • A construction arbitration between an owner and a general contractor related to construction of a shopping center. (Panel chair)
  • A construction arbitration between a general contractor and a siding sub-contractor involving claims of alleged water intrusion damages at an Oregon low-income housing project. (Panel Chair)
  • A construction arbitration involving allegedly defective work by the soils subcontractor at a large apartment complex. (Sole Arbitrator)
  • A construction arbitration involving disputes arising during construction of a municipal light rail system. (Sole Arbitrator)