David B. Wilson

Practice Areas

David Wilson, a Fellow of the College of Commercial Arbitrators and the Chartered Institute of Arbitrators, is an independent international and U.S. arbitrator and mediator who handles complex, high-stakes commercial and IP disputes, focusing on the energy and technology sectors, among others. A Colorado lawyer and Solicitor of the Senior Courts of England and Wales, he has served as arbitrator (chair, panelist, sole arbitrator, and emergency arbitrator) 70+ times in international and U.S. domestic arbitrations under ICDR, ICC, AAA and other rules, with amounts up to $640 million in dispute to date and including about 30 international appointments and dozens of international and U.S. arbitrations as counsel. As arbitrator, rather than adopt a "one-size-fits-all" approach, he works with the parties to focus the arbitration on disputed issues and otherwise tailor the schedule and procedures to save time and costs. He is available nationally and globally.

He is the former Vice Chair of the ICC Commission on Arbitration and ADR and co-chaired the Commission's Task Force on the Use of Information Technology in International Arbitration and the Task Force on Expertise. A member of the American Law Institute, he served as chair of the Colorado Bar Association’s International Law Section, among other leadership roles in professional organizations. As a trial lawyer, he won what was then reported to be Colorado's largest jury verdict, $125.5 million.

Since his practice began in 1986, and counting his non-arbitration work, he has handled more than 200 cross border matters in more than 45 countries and non-U.S. jurisdictions on six continents.

He is on various arbitration panels and lists: AAA and ICDR (Large Complex Case, Energy, Financial Services, M&A & Joint Venture; Technology; Telecommunications), AIAC, AIFC-IAC, BVI Int'l Arb. Centre, Cayman Int'l Med. & Arb. Centre, EU-U.S. DPF List of Arbitrators, HKIAC Panel of Arbitrators, LCIA Database of Arbitrators, Maldives Int'l Arb. Centre (Primary Panel), Mauritius Int'l Arb. Centre List of Arbitrators, Tashkent Int'l Arb. Centre, and USCIB (ICC USA) Database of Arbitrators.

His website is www.wilsondr.com.

Career

-David B. Wilson Dispute Resolution LLC, Independent Arbitrator and Mediator (June 2024-Present)

-Sherman & Howard L.L.C., Denver, Member (2013-May 2024)

-Holme Roberts & Owen LLP/Bryan Cave HRO, Denver, Partner (1993-2013); Associate (1986-1992)

Professional Memberships

-Member, American Bar Association (Life Fellow, American Bar Foundation)

-Member, American Law Institute (Members Consultative Group, Principles of Civil Liability for Artificial Intelligence)

-Fellow, Chartered Institute of Arbitrators

-Fellow, College of Commercial Arbitrators (Co-Chair, Southwest-Mountain Regional Group)

-Member, Colorado and Denver Bar Associations (Chair, Colo. Bar Association International Law Section, 2022-2024)

-Member, Equal Representation in Arbitration Pledge USA Subcommittee

-Member, Federalist Society

-Member, ICC Commission on Arbitration and ADR (2004-present) (Vice Chair, 2014-2018; Co-Chair, Task Force on Information Technology in International Arbitration and Task Force on Expertise (served until work of these Task Forces concluded); Member, Working Group on the Use of Technology in Arbitration)

-Member, ICCA

-Member, Law Society of England and Wales

-Senior Fellow, Litigation Counsel of America

-Member, Silicon Valley Arbitration & Mediation Center (SVAMC)

-Chair, Rocky Mountain Subcommittee, U.S. Council for International Business (ICC USA) Arbitration Committee

Publications

-Co-Author, “Tortious Interference: Colorado,” THOMSON REUTERS PRACTICAL LAW (2022)

- Co-Author, “Breach of Fiduciary Duty: Colorado,” THOMSON REUTERS PRACTICAL LAW (2022)

-Co-Author, “Fraud: Colorado,” THOMSON REUTERS PRACTICAL LAW (2021)

-Co-author, “Issues for Arbitrators to Consider Regarding Experts,” ICC DISP. RES. BUL. 2021, Issue No. 2 (originally published, ICC INT’L COURT OF ARB. BUL., Vol. 21, No. 1 (2010))

- Co-author, “Issues for Experts Acting Under the ICC Rules for Expertise or the ICC Rules of Arbitration,” ICC DISP. RES. BUL. 2021, Issue No. 2 (originally published, ICC INT’L COURT OF ARB. BUL., Vol. 20, No. 1 (2009))

-Co-author, “Emergency Arbitrator Rules Among Four Major Arbitral Institutions: Both Alike and Different,” Expert Guides (March 2019)

- Co-author, “An Updated Overview of Issues to Consider When Using Information Technology in Int’l Arbitration,” ICC INT’L COURT OF ARB. BUL. (April 2017)

- Author, “An Overview of U.S. Federal Court Decisions Regarding Interim Remedies in Int’l Commercial Arbitration,” INT’L COMMERCIAL ARBITRATION: NATURAL RESOURCES, ENVIRONMENT, AND TECHNOLOGY DISPUTES, Canadian Bar Assoc. (2005)

-Co-author, “Explanatory Notes on the Standards,” ICC INT’L COURT OF ARB. BUL.: Special Supplement on Using Technology to Resolve Business Disputes (2004)

-Co-author, “Investment in Europe: An Overview of Common Legal Issues,” THE COLO. LAWYER (June 2002)

-Author, “How U.S. Courts Interpret Arbitration Agreements,” INT’L DISTRIB. LAW (Siefarth ed.), Transnational Publishers (2001)

- Author, “Recognition and Enforcement of Money Judgments in U.S. Courts,” INT’L JUDICIAL ASSISTANCE IN CIV. MATTERS (Prell ed.), Transnational Publishers (1999).

Experience

His experience as arbitrator and counsel includes disputes concerning:

BANKING AND FINANCIAL SERVICES: Loan and security agreements, equity and debt financing, electronic payment processing, credit cards, and other commercial and investment banking.

BROADBAND TELECOMMUNICATIONS: Joint ventures, mergers and acquisitions, breaches of representations and warranties, investment banking, commercial banking, corporate governance, shareholder rights, securities, technical cooperation and services contracts, programming, equipment supply agreements, subscriber management and billing systems; and system design.

CORPORATIONS AND SHAREHOLDERS: Breaches of fiduciary duty by officers and directors; commercial contracts; federal and state law employment issues; GAAP accounting and related financial reporting; securities fraud; shareholder rights.

ENERGY, RENEWABLE ENERGY, AND MINING: Oil and Gas Exploration, Drilling, and Production--Various disputes over oil and gas leases, exploration agreements, operating and participation agreements, and areas of mutual interest; express and implied covenants to explore, drill, and market; farmout agreements; permitting issues; pooling agreements; royalties and shut-in royalties; title issues; federal and state excise taxes; force majeure, drill or pay clauses; midstream capacity and delay issues; and related mergers and acquisitions, post-closing purchase price adjustments, and allegations of breaches of representations and warranties. Oilfield Services--Various disputes over drilling contracts, materials, and production; downhole tools, intellectual property, and technology; waste disposal; pipeline transportation of water for fracking operations, land transportation of frack sand; safety, personal injuries and wrongful death; and other issues related to operations and personnel at the drilling site.

Renewable and Alternative Energy--Various disputes over the construction and operation of a biodiesel plant, construction and operation of solar energy plants, power line right-of-way acquisition for solar energy plants, components for solar panels, and related mergers and acquisitions, post-closing purchase price adjustments, sales of goods, and other breaches of contract. Mining--Various disputes over coal, uranium, and gold mines, including joint ventures, mergers and acquisitions, and requirements and supply contracts.

INTELLECTUAL PROPERTY: Patents, trademarks, copyrights, theft of trade secrets and other confidential information; covenants not to compete, and unfair and deceptive trade practices.

MANUFACTURING AND DISTRIBUTION: Sales of goods, agency, unfair competition, and requirements and supply contracts.

MERGERS AND ACQUISITIONS: Post-closing purchase price and working capital adjustments (including in broadband telecommunications, energy, and renewable energy industries); breaches of representations and warranties; fraud; securities fraud; breach of fiduciary duty; shareholder rights; and freeze outs and other fights over corporate control. Matters include disputes under New York, Delaware, and various other laws.

SPACE AND SATELLITES: Satellite carriage and orbital location agreements, satellite launch services, and sales of satellite components.

TECHNOLOGY AND EMERGING TECHNOLOGY: FinTech, e-commerce and the Internet, blockchain and cryptocurrency, cybersecurity, electronic election systems, software design, software and other IP licensing, and privacy and online identity.

Education