Cases

Mr. Schaner’s cases have spanned many substantive areas of the law, sectors and industries.  They regularly have involved substantial sums in dispute and high levels of substantive and/or procedural complexity.  Representative lists of his matters as Arbitrator and Counsel are set out below.  His experience includes the following subject matters:

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Representative Matters – As Arbitrator

Chair of a non-administered arbitration under the CPR rules involving antitrust claims in excess of $270 million between US and Japanese companies in the automotive industry.

Co-arbitrator in an ICC arbitration involving claims in excess of $1.4 billion arising under a joint venture agreement.

Chair of an ICDR arbitration concerning a $35 million claim for alleged breaches of franchise and development agreements brought by a US electronics retailer against Malaysian-based entities relating to the opening of retail stores in Southeast Asia.

Chair of an ICDR arbitration with claims exceeding $250 million relating to wind power projects.

Chair of an ICC arbitration concerning contract and warranty claims in excess of $130 million relating to products used for the generation of solar electricity.

Sole arbitrator in an ICC arbitration between subsidiaries of Chinese and Mexican companies, involving claims for $75 million arising from the termination of an exclusive distribution agreement.

Sole arbitrator in a AAA arbitration involving claims in excess of $70 million between manufacturer and distributor of medical equipment for use in responding to COVID-19 pandemic.

Chair of an ICDR arbitration under AAA commercial rules concerning $75 million automotive industry warranty claim between vehicle manufacturer and parts supplier.

Co-arbitrator in a $175 million ICDR arbitration relating to digital advertising services.

Co-arbitrator in a non-administered arbitration under the UNCITRAL rules between Japanese and Taiwanese parties involving a $65 million claim under a patent license agreement.

Chair of an ICDR arbitration concerning a liquefied natural gas (LNG) project in Africa.

Co-arbitrator in an ICC arbitration with claims exceeding $200 million concerning LNG sales.

Co-arbitrator in ICDR cases with claims exceeding $150 million concerning franchise and distribution agreements for stores in Southeast Asian countries.

Co-arbitrator in an ICC arbitration involving claims totaling more than $140 million relating to the construction of power plants in South America.

Co-arbitrator in AAA Commercial Rules case with claims exceeding $60 million relating to the supply of coal to an electrical power generating plant.

Sole arbitrator in an ICC case concerning claims in excess of $40 million brought by Mexican purchaser of a US textile manufacturer under a stock purchase agreement, alleging misrepresentations in financial statements and breaches of representations and warranties.

Chair in a AAA arbitration seated in Delaware concerning claims in excess of $35 million brought by the purchaser of a majority stake in a company against sellers alleging an entitlement to recover damages for indemnification, breaches of representations and warranties, and fraud.

Emergency arbitrator in an ICC arbitration involving requested injunction to prevent forfeiture of a $100 million interest in a joint venture concerning a natural resource development project in West Africa.

Chair of a non-administered arbitration under the CPR rules concerning disputes between military contractors over intellectual property rights for the manufacture and sale of aircraft pursuant to asset acquisition and cross-license agreements.   

President in an ICC arbitration seated in New York concerning disputes arising out of a hotel management agreement.

Co-arbitrator in an ICC arbitration involving a $30 million claim for breaches of representations and warranties in connection with a corporate acquisition in South America.

Chair of an ICDR arbitration between Japanese and US parties relating to a $150 million claim arising under a contract for the supply of printing press equipment.

Co-arbitrator in an SCC arbitration between US and Russian parties involving a hotel management contract, with claims in excess of $20 million.

Chair in a SIAC arbitration concerning a payment obligation under an agreement for the development and commercialization of a cancer treatment drug in an Asian country.

Chair of an ICC arbitration between Singapore distributor and US software products supplier involving claimed wrongful termination of an exclusive distribution agreement.

Chair in an ICDR arbitration seated in Toronto between US and Chinese parties involving claims for improper termination of an exclusive distribution contract for the supply of furniture products in North America.

Co-arbitrator in an AAA arbitration under its international rules between US and Dutch parties concerning a $50 million supply chain dispute.

Sole arbitrator in AAA commercial rules case regarding claims by retired surgeons for over $50 million in royalties on the sale of medical devices and therapies.

Co-arbitrator in an AAA commercial rules case involving a claim in excess of $40 million for royalties on the sale of medical implant devices. 

Co-arbitrator in ICDR arbitration concerning claims for more than $18 million in liquidated damages between US and Chinese parties arising from a contract for the modification of the interior of a commercial aircraft.

Chair of an ICDR arbitration between a US company and a French company and its affiliates involving antitrust and breach of contract claims in the aviation industry.

Co-arbitrator in a non-administered arbitration between a policyholder and an insurer involving claims for $15 million policy limit under a D&O insurance policy.

Chair of an ICDR arbitration concerning a corporate governance dispute among shareholders in a joint venture relating to a chemical production facility.

Chair of an ICDR arbitration between British and US parties concerning $21 million claim relating to the termination of a distribution agreement in the construction industry.

Sole arbitrator in an AAA Commercial Rules case concerning sales of Internet of Things safety devices under a reseller agreement.

Co-arbitrator in an ICC arbitration involving an equipment purchase dispute in the mining industry.

Chair of a non-administered arbitration under the UNCITRAL rules between financial industry professionals and a private equity firm regarding the sale of a company in Mexico. 

Sole arbitrator in an ICDR arbitration under the AAA commercial rules between Canadian and US parties involving ownership of patent applications and other intellectual property in the biofuels industry.

Chair of a KCAB arbitration between Austrian and Korean parties concerning a contract for the sale and purchase of manufacturing equipment. 

Sole arbitrator in an ICDR arbitration between BVI insurer and US policyholder for amounts claimed due following cancellation of insurance policy and reinsurance participation agreement.

Co-arbitrator in an AAA arbitration between seller and purchaser of a New York hazardous waste treatment and storage facility involving a claim to enforce a settlement agreement.

Sole arbitrator in an ICDR arbitration between US military subcontractor and US supplier and supplier’s German parent, concerning claims relating to the sale of counterfeit computer chips.

Chair of an AAA arbitration between a major European telecommunications equipment and services supplier and a Western US cellphone and internet services provider involving a contract for the sale of equipment and services to upgrade a wireless network.

Sole arbitrator in an AAA commercial rules case involving contract, fraud and negligent misrepresentation claims arising out of purchase orders for the sale of steel bars.

Chair of an AAA arbitration under its international rules between a former chairman of the board and persons and entities in France, Cayman Islands, England, Hong Kong, and the US involving claims arising out of the termination of an employment agreement.

Sole arbitrator in an AAA arbitration under its employment rules between an Indiana manufacturer, a Bahraini company and the manufacturer’s former president and CEO involving claims for compensation and benefits under an employment agreement.

Sole arbitrator in an UNCITRAL arbitration administered by the ICDR between a US auto manufacturer and a foreign dealer involving the termination of a dealer agreement in the Middle East.

Sole arbitrator in ICDR administered case under AAA commercial rules concerning claim for breach of a requirements contract between US and Italian parties in the automotive industry.

Chair of an AAA arbitration concerning the termination of medical equipment supply contracts.

Co-arbitrator in an ICDR arbitration between a US contractor and a Vietnamese supplier of components used in the construction of a power plant in Florida. 

Co-arbitrator in an AAA arbitration between North Carolina distributor/broker and Illinois supplier involving claims under distribution and representation agreements for unpaid commissions and other damages.

Sole arbitrator in an ICDR arbitration involving claim by Wisconsin company against Chinese manufacturer alleging defective supply of products used in highway construction.

Sole arbitrator in an ICC arbitration concerning an agreement for consulting services, including alleged failures to pay, and breaches of non-compete and confidentiality agreements.

Chair of an ICDR arbitration between Canadian and US parties involving a subcontract for the development, testing and supply of technology for US Air Force jets and helicopters.

Co-arbitrator in ICC arbitration between US and Spanish parties involving contract for the design and supply of part of a solar power facility.

Sole arbitrator in AAA commercial rules case regarding claim for commissions on sales of aerospace related parts and tooling under a sales representative agreement.

Sole arbitrators in AAA commercial rules case concerning claims under a representative agreement for commissions and other amounts relating to the sale of helicopters manufactured by US company to a Latin American governmental entity.

Co-arbitrator in an AAA commercial rules case involving claims arising from an online hosting services agreement in the aviation industry.

Co-arbitrator in AAA commercial rules case concerning governance and management disputes among LLC members.

Chair in a CPR administered arbitration involving claims under services agreements pertaining to a project for the implementation of an enterprise-wide, cloud-based software system.

Sole arbitrator in AAA commercial rules case between buyer and seller of industrial equipment, involving warranty, contract and negligent planning, design and engineering claims. 

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Representative Matters – As Counsel

European subsidiary of a US corporation in defense of a $175 million claim in an ICC arbitration in Geneva for rescission by an Asian municipality of a purchase and sale agreement.

Singapore-based hotel management company against hotel owner in an ICC arbitration in Miami relating to the attempted termination of a long-term contract for the management of a luxury hotel. The matter was designated by Law360 as one of the “biggest hospitality cases of 2014.”

Fortune 100 corporation in defense of $1 billion claim filed in bankruptcy adversary proceeding in South Carolina for breach of contract, fraud and misrepresentation arising out of the sale of a facility designed to manufacture liquefied natural gas containment systems.

Computer-manufacturer in securities fraud class action in which plaintiffs sought damages in excess of $100 million.

US munitions manufacturer against Israeli defense contractor in LCIA arbitration in London involving breach of contract claims in excess of $50 million.

Manufacturer of nuclear submarines in action valued at more than $100 million against London insurers for coverage under aggregate excess insurance policies providing coverage for workers’ compensation losses.

US defense contractor in False Claims Act case involving $4 billion claim that defense contractor had defrauded the U.S. Navy and Congress in connection with an award of a contract for a Seawolf class nuclear attack submarine.

German company in obtaining stay of Ohio court action brought by Ohio companies relating to technology licensing agreement, pending DIS arbitration in Germany; confirmation in US of award in favor of client.

Cayman Islands corporation and Norwegian individual in confirmation of $23 million arbitration award in US district court in Chicago against California-based company, in patent infringement case.

US defense contractor in defense of claims by inventors of Stinger missile technology seeking more than $25 million for alleged breach of invention agreements in relation to foreign military sales.

US corporation in obtaining more than $500 million in recoveries in tax court litigation concerning whether client was entitled to research and development tax credit for work on military and space programs, and concerning accounting methodology with respect to multi-year contract for manufacture of F-16 jet fighters.

Defense contractor in long-running dispute regarding decision of the U.S. government to terminate a multi-billion contract for the development of the A-12 carrier-based, stealth attack aircraft.

Defense of class action in California state court by corporate employees for share of proceeds of $450 million sale of missile business.

US subsidiary of Japanese consumer electronics supplier in defense of claims by former Latin American distributor in ICDR arbitration in New York.

Wyoming natural gas producer in dispute with pipeline company involving antitrust, breach of contract and tortious interference claims.

Movie theatre chain in action to recover funds embezzled in connection with a $100 million movie theatre expansion program involving construction projects at multiple locations around the United States.

Northwest Airlines in defense of $100 million breach of contract claim by Midway Airlines in a bankruptcy adversary proceeding.

Austrian company in ICC arbitration in Geneva under Swiss law for specific performance of a settlement agreement.

Irish architectural firm in confirmation of Irish arbitration award against Illinois corporation relating to dispute regarding development of medical care facilities.

Trucking company in ad hoc arbitration in New York against insurance company relating to premium payments.

Purchaser in ICC arbitration in Hong Kong relating to failed multi-billion dollar acquisition agreement.

US manufacturer in suit against foreign competitor and former president for theft of trade secrets.

Telecommunications equipment manufacturer in major Sherman Act antitrust case; settlement in favor of client shortly before trial for more than $125 million.

Multiple clients in separate proceedings to obtain discovery in the United States pursuant to 28 U.S.C. § 1782 for use in foreign legal proceedings, in, for example, England, Germany, and Switzerland.