ALL ENGAGEMENTS

05 ENGAGEMENT

Arbitrator for Technically Complex Commercial Disputes

Sole or panel arbitrator for technically complex commercial matters.

In commercial arbitration, the question is rarely whether the law was followed. It is what actually happened, technically, between the parties. The arbitrator who can read the systems is the one who can answer that.

§ 01 · What this is

Arbitration is a private adjudicatory proceeding governed by the parties’ contract and the rules they have selected. The tribunal hears evidence, applies the law, and issues a binding award. Where the parties have selected three arbitrators, Daniel sits as chair or wing depending on the appointment.

Daniel’s arbitration practice spans commercial, technology, and IP matters with technical questions at their core: SaaS service-level disputes, data-breach insurance coverage, trade-secret misappropriation, software licensing, smart-contract execution, and patent validity / infringement.

Daniel hears arbitrations from anchor venues in Los Angeles and New York, and sits at international seats including Tel Aviv, Geneva, and Singapore, with virtual or hybrid hearings as the seat allows.

§ 02 · When to retain

Indicators that this is the right role for the matter.

01

SaaS / cloud SLA disputes

Service-level disputes where performance representations meet enterprise consumption.

02

Data-breach insurance coverage

Coverage fights turning on attribution, dwell time, exclusion language, and reasonable-controls representations.

03

Cryptocurrency / token disputes

Founder/investor disputes, token-allocation disputes, on-chain execution disputes.

04

Software licensing

Scope, territory, audit-clause, and breach disputes in software licensing arrangements.

05

Patent validity / infringement

Where the contract sends patent disputes to arbitration rather than the federal courts.

06

Smart-contract execution

Where on-chain behavior is alleged to depart from the off-chain bargain.

§ 03 · Methodology

How an engagement runs.

Typical scale: Six- to eighteen-month proceedings. Sole or three-member panel.

  1. 01

    Constitution of tribunal

    Sole arbitrator on appointment; chair or wing on three-member panels. Conflicts disclosure under L.C.I.A., H.K.I.A.C., AAA, CPR, ICC, or party-stipulated rules.

  2. 02

    Terms of reference

    Procedural calendar, scope of pleadings, evidentiary rules, language and seat. For technical matters Daniel often expands the standard order to address source-code review and expert-evidence framework.

  3. 03

    Evidentiary phase

    Documentary production per agreed scope. Witness statements and expert reports. Hearings either in-person at the seat or virtual / hybrid.

  4. 04

    Hearing

    Oral testimony, cross-examination, expert hot-tubbing where useful. Tribunal questions on technical points where the record is silent.

  5. 05

    Award

    Reasoned award addressing all submitted issues. Daniel routinely issues awards within 60–90 days of close of hearings.

§ 04 · Frequently asked

About this role.

What rules does Daniel arbitrate under?

Whatever the parties’ contract specifies — L.C.I.A., H.K.I.A.C., AAA, CPR, ICC commonly; ad-hoc or party-stipulated frameworks where the contract is silent or open.

Where are hearings seated?

Wherever the contract specifies; Daniel hears matters in-person across more than ten venues globally and conducts virtual or hybrid hearings as the seat allows.

How long until an award issues?

Within 60–90 days of the close of hearings is the standard cadence Daniel maintains.

FULL FAQ

§ 05 · Representative work

See how this role plays out.

Notable matters

Begin a arbitration matter

Eight questions. One considered match.

Begin a matter Notable matters