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

Aerospace, Aviation & Defense

Chair, 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.

Co-arbitrator, ICDR arbitration under AAA Commercial Rules in Seattle 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, ICDR arbitration between a US company and a French company and its affiliates involving antitrust and breach of contract claims pertaining to the repair and maintenance of aircraft engines and parts.

Sole arbitrator, AAA Commercial Rules case in Chicago concerning claims under a representative agreement for commissions and other amounts relating to the sale to a Latin American government of helicopters manufactured by a US company.

Sole arbitrator, AAA arbitration in Seattle arising out of a contract for satellite payload launch services.

Sole arbitrator, ICDR arbitration between a US military subcontractor and a US supplier and supplier’s German parent, concerning claims relating to the sale of counterfeit computer chips for systems to be installed in fighter planes.

Chair, ICDR arbitration in Boston between Canadian and US parties arising out of a subcontract for the development, testing and supply of technology to protect crewmembers of US Air Force jets and helicopters.

Sole arbitrator, AAA Commercial Rules case in Saint Louis, Missouri regarding claim for commissions on sales to aircraft maker of parts and tooling under a sales representative agreement.

Co-arbitrator, $13.2 million AAA commercial rules case in Chicago involving claims arising from an online hosting services agreement in the aviation industry.

Automotive

Chair, $110 million ICDR arbitration in Washington, D.C. between US and Mexican parties concerning breach of warranty claims relating to the supply of parts used in the manufacture of commercial trucks.

Chair, non-administered arbitration under the CPR Rules in New York to resolve antitrust claims of over $270 million between US and Japanese companies stemming from an alleged global bid-rigging, price-fixing and market allocation scheme in the automotive industry.

Sole arbitrator, ICDR arbitration under AAA Commercial Rules between US and Italian companies concerning claim for breach of a requirements contract for motorcycle parts.

Sole arbitrator, UNCITRAL arbitration administered by the ICDR between a US auto manufacturer and a Middle Eastern company concerning the termination of a dealer agreement.

Construction & Energy

President, $1.2 billion ICC arbitration in New York between a Chinese manufacturer and a Japanese customer concerning the supply of allegedly defective solar modules.

Chair, two high value ICDR arbitrations in New York relating to the construction of a liquefied natural gas plant in Nigeria.

Co-arbitrator, $280 million ICC arbitration in New York between a Singaporean manufacturer of photovoltaic modules used for solar electricity and a US power producer.

Chair, $380 million ICDR arbitration in Chicago brought by the owner of wind farm projects in Texas against the turbine supplier and project operator.

Co-arbitrator, $221 million ICC arbitration in New York concerning the sale of liquefied natural gas cargoes between U.S. and Singaporean companies.

Co-arbitrator, $140 million ICC arbitration concerning EPC contracts for the construction of power plants in South America.

Co-arbitrator, $130 million ICDR arbitration in Chicago concerning alleged breaches of requirements contract for the sale of coke for steel-making blast furnaces.

Co-arbitrator, $120 million AAA arbitration in Indianapolis concerning a long-term sales contract for the supply of coal to an electricity cooperative.

Co-arbitrator, $20 million ICDR arbitration between US prime contractor and Turkish subcontractor concerning a contract for the design and construction of an office annex to a government facility in East Africa.

Co-arbitrator, high value AAA case in Chicago pertaining to the development, construction and operation of biogas facilities.

Co-arbitrator, $13 million AAA arbitration in Milwaukee relating to claims under agreements for the supply of coal to power industrial mill boilers.

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

Co-arbitrator, ICDR arbitration under AAA Commercial Rules in Louisville, Kentucky between a US contractor and a Vietnamese supplier of components used in the construction of a combined cycle power plant in Florida.

Sole arbitrator, ICDR arbitration in Milwaukee involving claim by Wisconsin company against Chinese manufacturer alleging defective supply of glass beads used as reflective material in roadway striping as part of a highway construction project in Montana.

Co-arbitrator, ICC arbitration in San Francisco, California between US and Spanish parties arising out of a contract for the design and supply of a portion of a solar power facility.

Distribution/Franchise

Chair, $63.5 million ICDR arbitration in New York concerning a dispute between English franchise developers and a franchisor of a global quick service restaurant brand.

Chair, ICDR arbitration in New York with claims exceeding $38 million arising out of distribution agreements for the marketing and sale of sports and energy drinks in six European countries.

Co-arbitrator, two ICDR cases with claims exceeding $175 million between US health and wellness retailer and its franchisee and distributor in Singapore and the Philippines.

Sole arbitrator, two ICDR cases with claims over $85 million concerning international restaurant chain development and franchise agreements.

Chair, ICDR arbitration in New York 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, ICDR arbitration between British and US parties in Des Moines, Iowa concerning $21 million claim relating to the termination of an exclusive distributor agreement for the sale of construction apparatus in the United Kingdom.

Sole arbitrator, UNCITRAL Rules arbitration administered by the ICDR in New York concerning claims exceeding $20 million arising out of a development agent agreement for services in a European country on behalf of a restaurant franchisor.

Sole arbitrator, $23 million AAA arbitration relating to a warehouse storage agreement between a pasta products manufacturer/distributor and a warehouse owner.

Chair, ICDR arbitration seated in Toronto concerning claims of a US retailer for breaches by a Chinese furniture manufacturer of an exclusive supply agreement.

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

Co-arbitrator in an AAA arbitration between a North Carolina distributor/broker and an Illinois supplier involving claims under distribution and representation agreements for unpaid commissions and other damages pertaining to the sale to supermarkets and other large-scale merchants of helium balloons and balloon-related gifts.

Employment

Chair, 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, 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.

Hospitality

Co-arbitrator, $20 million SCC arbitration in Stockholm between US and Russian parties regarding claim that hotel owner improperly terminated a long-term contract for the management of a luxury hotel in St. Petersburg, Russia.

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

Insurance

Chair, $43 million CPR arbitration in New York concerning claims arising out of a collateral protection insurance policy relating to a German electric auto manufacturer.

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

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

Intellectual Property & Technology (See also Medical Devices)

Co-arbitrator, $225 million ICDR arbitration in California between Singaporean, Hong Kong and BVI companies involving claims relating to digital online advertising fees.

Co-arbitrator, high value JAMS arbitration in San Diego, California concerning claims between US and Chinese companies arising under a consumer electronics license agreement.

Chair, 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.

Co-arbitrator, non-administered arbitration under the UNCITRAL Rules in New York between a Japanese patent holder and a Taiwanese manufacturer (OEM) involving a $65 million claim for royalties under a patent license agreement.

Sole arbitrator, ICDR arbitration under the AAA Commercial Rules between Canadian and US parties involving ownership of patent applications and other intellectual property under a technology development agreement in the biofuels industry.

Chair, AAA arbitration in Denver, Colorado between a major European telecommunications equipment and services supplier and a Western US cell phone and internet services provider arising out of a contract for the sale of equipment and services to upgrade a wireless network.

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

Co-arbitrator, CPR non-administered arbitration concerning claims under services agreements for the development of software and the provision of outsourced payroll processing services to a group of affiliated companies operating in Argentina, Brazil, Chile, and Colombia.

Joint Ventures & LLCs

Co-arbitrator, $1.4 billion Paris-seated ICC arbitration involving claims between US and Japanese partners in a manufacturing joint venture in the Americas.

Chair, ICDR arbitration in New York, to decide a corporate governance dispute between large British and Canadian corporate shareholders in a chemical producing joint venture.

Co-arbitrator, AAA Commercial Rules case in Denver concerning governance and management disputes among limited liability company members pertaining to a fund with ownership interests in mobile home communities.

Medical Devices

Sole arbitrator, AAA arbitration involving claims of over $75 million by manufacturer against distributor concerning the supply of ventilators for use in responding to the COVID-19 pandemic.

Co-arbitrator, AAA Commercial Rules case involving a claim exceeding $40 million for royalties on patents and technology relating to sales of medical implant devices.

Sole arbitrator, AAA Commercial Rules case in Dallas, Texas regarding claims by retired surgeons for over $50 million in royalties on the sale of medical devices and therapies.

Chair, AAA arbitration in Chicago concerning the termination of medical equipment supply contracts.

Mergers & Acquisitions

Co-arbitrator, $340 million ICC arbitration in Los Angeles between Korean and US parties concerning the acquisition of a cosmetics company.

Chair, $38 million AAA arbitration in Wilmington, Delaware brought by purchaser against sellers of a majority stake in a California company providing utility line-related services, seeking damages for indemnification, breaches of representations and warranties, and fraud.

Co-arbitrator, $50 million ICC arbitration in New York between Paraguayan and Spanish parties concerning the acquisition of a bank in Paraguay.

Sole arbitrator, $45 million ICC arbitration 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.

Other Commercial Contracts

Sole arbitrator, ICDR case under the AAA Commercial Rules seated in Iowa involving claims of more than $20 million between a food company and a warehousing company under a warehouse services agreement.

Sole arbitrator, AAA Commercial Rules arbitration concerning claims for indemnification for defense and settlement costs in relation to California Proposition 65 litigation pursuant to an agreement for the supply of food products to a supermarket chain.

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

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

Pharmaceuticals

Chair, $10 million SIAC arbitration in Singapore between US and Chinese companies concerning the development and commercialization of a cancer treatment drug in China.

Sale of Goods (including Supply Chain)

Sole arbitrator, $100 million ICDR arbitration in Chicago between a contract manufacturer with facilities in Vietnam and a US supplier of solar power storage systems.

Co-arbitrator, $30 million LCIA arbitration in Chicago between US and Brazilian parties concerning alleged defects in refrigerator compressors manufactured in Mexico.

Chair, ICDR arbitration in Denver between a Mexican supplier of packaging for beverages and a US seller of bottled water arising out of a contract for the supply of aluminum bottles.

Chair, ICDR arbitration in New York between US and Brazilian parties regarding fertilizer sales.

Sole arbitrator, $100 million ICDR arbitration between US and Canadian companies concerning supply of an assembly line for the manufacture of truck trailers.

Co-arbitrator, $22 million AAA arbitration in New York between a developer and a manufacturer of products to assist blind and low vision people.

Chair, ICDR arbitration under the AAA Commercial Rules in Chicago between Japanese and US parties relating to a $150 million claim arising under a contract for the supply of printing press equipment.

Co-arbitrator, $50 million AAA arbitration under its International Rules between US and Dutch parties arising out of a production agreement for the supply of parts for shipping pallets.

Sole arbitrator, AAA Commercial Rules case in Chicago concerning sales of Internet of Things safety devices under a value-added reseller agreement.

Chair, KCAB arbitration in Seoul in which Korean purchaser alleged Austrian seller supplied defective manufacturing equipment.

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

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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.