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DAVID E. WAGONER
International Arbitration Chamberes
US Bank Centre
1420 Fifth Avenue, 22nd Floor
Seattle, Washington 98101
Phone: (206) 224-2872
Fax: (206) 224-2880
eMail: email@davidwagoner.com
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- Areas of Emphasis
- Arbitrator and mediator in international and domestic cases
- Consultant in all aspects of dispute resolution, including the negotiation of clauses, the conduct of arbitration proceedings, and the enforcement of arbitration awards
- Special focus on international arbitration
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Representative Cases
- Sole arbitrator in a AAA international arbitration involving a defective product dispute between U.S. and Taiwanese parties
- Sole arbitrator in an ICC arbitration involving a licensing and royalty dispute between Canadian and Korean parties
- Sole arbitrator in a BCICAC arbitration between Korean and Canadian parties in a franchise termination dispute.
- Appointed by an Indonesian party in an UNCITRAL Arbitration in Singapore with another Indonesian party involving the supply of fuel.
- Sole arbitrator in a multi-million dollar dispute concerning the purchase of electric power (AAA).
- Presiding arbitrator in a controversy involving the purchase of a master franchise and alleged violations (AAA).
- Presiding arbitrator in a controversy over the construction of a major yacht (CPR).
- Mediator to settle a controversy over the termination of a large number of restaurant franchises (CPR).
- Counsel for a U.S. business in a Chinese arbitration in Shenzhen, China and defense of enforcement action under New York Convention in U.S. District Court.
- Counsel for an American company in an ICC arbitration in Geneva involving commissions owed by a German company on the sale of aircraft components.
- Counsel for an Indonesian client in a Singapore arbitration resulting from the termination by European interests of a major joint venture in Indonesia.
- Consultant to U.S. companies in disputes with Philippine and Malaysian parties involving Hong Kong and London (ICC) arbitrations.
- Extensive experience in complex international and commercial litigation.
- Accustomed to writing extensive arbitration awards with a view toward enforceability.
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Teaching, Publishing, Speaking Activities
- Faculty: international arbitration training programs - AAA, Chartered Institute of Arbitrators, WIPO
- Publications: Interim relief, negotiation of clauses, tribunal appointed experts, Russian arbitration law, New York Convention enforcement action
- Presentations: Tribunal Management of Arbitral Proceedings, Harmonization of Procedures in International Arbitration, Chinese arbitration, and a variety of other subjects
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Arbitration/Mediation Forum
- American Arbitration Association
- British Columbia International Commercial Arbitration Centre
- China International Economic & Trade Arbitration Commission (CIETAC)
- The Commercial Arbitration Association of the Republic of China
- Hong Kong International Arbitration Centre
- World Intellectual Property Organization
- CPR Institute for Dispute Resolution
- London Court of International Arbitration
- G.C.C. Commercial Arbitration Centre (Bahrain)
- Dubai Chamber of Commerce & Industry
- Cairo Regional Centre for International Arbitration
- National Association of Securities Dealers, Inc. (NASD)
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Related Experience
- Partner at Perkins Coie, Seattle, WA, 1965-1996
- Law Clerk to Hon. Justice Harold H. Burton, Jr., United States Supreme Court, 1956-57
- Law Clerk to Hon. Herbert F. Goodrich, United States Court of Appeals, Third Circuit, 1955-56
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Professional Associations and Organizations
- Swiss Arbitration Association
- Fellow, The Chartered Institute of Arbitrators
- Fellow, Singapore Institute of Arbitrators
- The Academy of Experts
- The Commercial Bar Association, London, Honorary Overseas Member
- London Court of International Arbitration, North American Council
- Fellow, American College of Trial Lawyers; Legal Ethics and Professionalism Committees
- American Bar Association, Chairman, Standing Committee on Federal Judicial Improvements; Member, Commission on Separation of Powers and Judicial Independence
- Fellow, American Bar Foundation
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Civic and Charitable Activities
- Seattle Public Schools, Board of Directors (1965-73); President (1968; 1973)
- Evergreen State College Foundation, Trustee (1980-92); Chairman (1986-87)
- Pacific Northwest Ballet, Member of Board (1982-93); Legal Counsel (1984-86)
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Professional Recognition
- Who's Who in the World
- Who's Who in America
- Who's Who in American Law
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Education
- Yale University, B.A., 1950
- University of Pennsylvania, LL.B., 1953, Editor, University of Pennsylvania Law Review
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Admitted to Practice
- Washington, District of Columbia
- United States Supreme Court, several United States District Courts and Courts of Appeals
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International Arbitration and ADR Papers and Publications
- "A Call for Mediation and Other Forms of ADR to Resolve International Business Disputes," Eleventh International Congress of Maritime Arbitrators, Hong Kong, May 1994
- "Tailoring the ADR Clause in International Contracts," Arbitration Journal, June, 1993
- "Interim Relief in International Arbitration," Arbitration, 1996 62 JCI Arb. 2, pp. 131-136; Dispute Resolution Journal, October, 1996 Vol. 51, No. 4, pp. 68-73
- "The Mandate for Harmonization of International Arbitration Procedures," The American Bar Association's Section of Dispute Resolution and the Association of the Bar of the City of New York, New York City, September 24-25, 1998
- "Effective Management of the International Arbitration Process - A Shared Responsibility of the Parties, the Tribunal and the Arbitral Institution," ICC, AAA, ICSID, 15th Joint Colloquium on International Arbitration, Paris, France 30 October, 1998
- "David Wagoner Recommends Using a Neutral Expert in International Disputes," Lawyers' Magazine, London, April 1994, reprinted, Singapore Institute of Arbitrators Newsletter, November, 1994 Issue No. 5
- "The New Russian Insurance Law and Arbitration Agreement" International Business Lawyer, Section on Business Law, International Bar Association, January, 1994
- "An Analysis of the Advantages of Agreeing to Use CIETAC Dispute Resolution in an International Transaction With a Chinese Business," Seminar, Beijing, September, 1994
- "U.S. Court Demonstrates Pro-Enforcement Bias in a Comprehensive Review of a CIETAC Award Under the New York Convention," Bulletin 2, Swiss Arbitration Association, 1998
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Recent Developments
- Arbitration Panel, Singapore Institute of Arbitrators
- Energy and Oil and Gas Panel, CPR
- Article - "A Breath of Fresh Air in Chinese Dispute Resolution," Swiss Arbitration Association Bulletin, 1/2006 (MARS)
- Article - "Japan Becomes a Friendly Place for International Arbitrators," AAA's Dispute Resolution Journal, Feb-April, 2006
- Coached the first University of Washington Law School team to compete in the William E. Vis International Commercial Arbitration Moot Competition in Vienna, Austria April 2006
- Scheduled to make Seminar Presentation on Dispute Resolution in China and Japan in London, July 2006
- Scheduled to be tutor (assessor) in Special Fellowship Program of the Chartered Institute of Arbitrators in New York City in October 2006
- Contributing Author: Guide to Best Practices in Commercial Arbitration, the College of Commercial Arbitrators (JurisNet.LLC 2006)
Note: copies available upon request
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