David Singer

Practice Areas

Independent full-time arbitrator and mediator, principally focused on domestic and international commercial, employment, healthcare, technology, business transactions and real estate. Has conducted hundreds of cases over more than 30 years, including during 37-year career as a civil litigator -- 28 years of which was as a trial partner at Dorsey & Whitney LLP. Recognized by Best Lawyers in America for Arbitration, Mediation and International Commercial Arbitration, and SuperLawyers for Alternate Dispute Resolution. Authored and edited Treatise: Arbitrating Commercial Disputes in the United States (2d Edition) (2020 PLI).

Proficient in use of technology. Has conducted numerous proceedings, evidentiary hearings and mediations remotely using online Zoom platform. Experience with ESI and other technical matters that arise during arbitrations and mediations.

Career

SingerADR Neutral Services

2018 through present – Founder

Independent Neutral Arbitrator, Mediator, Early Neutral Evaluator, Ombudsman

Dorsey & Whitney LLP

1988 – 2017: Partner (1990 – 2017); Associate (1988 – 1989)

Delson & Gordon LLP

1980 – 1987, Associate

Professional Licenses

Admitted to the Bar: New York (1981), New Jersey (1982)

Admitted in Federal Courts: U.S. Court of Appeals, Second Circuit (1989); U.S. District Court: Southern (1982), Eastern (1982), Northern (2013), and Western (2016) Districts of New York; District of New Jersey (1982); Eastern District of Michigan (2004)

Professional Memberships

Fellow, Chartered Institute of Arbitrators

Fellow, College of Commercial Arbitrators (Board and Executive Committee member)

Certified Mediator, International Mediation Institute (IMI)

Charter Member, National Academy of Distinguished Neutrals (NADN)

Fellow, American Bar Foundation (2017-Present)

Board Member, The New York Bar Foundation (2019-present)

Fellow, The New York Bar Foundation (2017-present)

Chair, New York State Bar Association Dispute Resolution Section (1,500-2,000 members) (2015-2016), DRS Chair-Elect (2014-2015), DRS Vice Chair (2013-2014); Co-Chair, DRS Ethics Committee (2020-2024); Co-Chair, DRS Mediation Committee (2011-2014); Member, DRS Executive Committee (2011-present); Member, NYSBA House of Delegates (2016-2020); Member, NYSBA Dispute Resolution, ComFed and L&E Sections

Member, New York City Bar Association Alternative Dispute Resolution Committee (2020-23), Arbitration Committee (2023-25)

Member, International Arbitration Club of New York (IACNY)(2019-Present)

Board Member, New York International Arbitration Center (NYIAC) (2018-2019)

Publications

Frequent writer on topics relating to arbitration, mediation, and dispute resolution more broadly. Examples include:

Author and Editor, Treatise, Arbitrating Commercial Disputes in the United States, 2d Edition (Practicing Law Institute 2020); Arbitrating Commercial Disputes in the United States (Practicing Law Institute 2018)

Contributing Author, Treatise, ADR in Employment Law (BNA Bloomberg 2015, 2d Edition 2017)

"Sanctions in Commercial Arbitration" New York Law Journal, 2022

"Commercial Arbitration is Alive and Well in New York" New York Law Journal, 2021

"Arbitration's Advantages Make it a Superior Solution" Law360, 2021

“Conducting the Evidentiary Hearing Remotely” New York Dispute Resolution Lawyer, A Publication of the Dispute Resolution Section of the New York State Bar Association, 2020

“Arbitration Privacy and Confidentiality in the Age of (Coronavirus) Technology” Alternatives to the High Cost of Litigation, The Newsletter of the International Institute for Conflict Prevention and Resolution, 2020

“Arbitration in New Jersey: Is It Always Confidential” New Jersey Law Journal, 2020

“Making it Final: The Elements of a Tribunal’s Award” Alternatives to the High Cost of Litigation, The Newsletter of the International Institute for Conflict Prevention and Resolution, 2019

“Sorting it Out: Partial, Final, Interim and Consent Awards” Alternatives to the High Cost of Litigation, The Newsletter of the International Institute for Conflict Prevention and Resolution, 2019

“Rescission of Settlement Agreements: Rare but Possible” New York Law Journal, 2015

“Arbitrator Impartiality and the Duty to Disclose” New York Law Journal, 2011

Education

Experience

Arbitrator Experience

Serves frequently as arbitrator, having arbitrated hundreds of cases as tribunal chair, wing, sole, and emergency arbitrator, focusing on commercial transactions, financial services, technology, employment, healthcare, and small businesses. Experienced conducting remote arbitrations.

Representative Commercial Cases:

* Breach of contract claims between Italian wine producer and US importer and distributor

* Contract, fraud, and valuation claims involving real property in Romania

* Claims among JV, landlord and tenants involving network of nursing homes and letters of credit

* Claims between investor and contractor regarding construction of two municipal fiber optics networks arising from alleged failure to fund

* Dispute between U.S. lender and debtor -- China-based home delivery food service -- regarding alleged breach of put option agreement

* Claims arising from mergers and acquisitions, including fraud, breach of reps and warranties, purchase price adjustments, and valuations

* "Business divorces" involving financial services companies, medical practices, small businesses, real estate developers, technology companies, storage companies, pharmaceutical companies, accounting firms, law firms, hospitality businesses

* Various disputes among partners, joint venture parties, LLC members/managers, investors, and co-owners

* Claims among distributorships, dealerships, and franchises, including wrongful termination

* Breach of contract, fraud, breach of fiduciary duty, defamation regarding initial public offering (IPO) of real estate investment trust (REIT)

* Valuation of business entities

* Contract, fraud, breach of fiduciary duty claims against investment advisory firm

* Disputes among U.S. and British hedge funds and successor hedge funds involving claims for breach of contract and fiduciary duty

* Claims against investment bank alleging flawed capital raise

* Dispute arising from purchase and sale of sensors used in manufacturing semi-conductors involving claims of non-conformity with specifications

* Dispute arising from purchase and sale of agriculture company regarding allocation of liability for losses sustained following sale

* Dispute among electronics manufacturer and computer software vendor alleging breach of contract

* Breach of contract, wrongful termination, and national origin discrimination claims between U.S. dealership and telecommunications company

* Dispute among U.S. manufacturer and European purchaser of commercial aircraft engines involving alleged failure to conform with contract specifications

* Dispute among German manufacturer and U.S. distributor of plastic storage pallets involving alleged breach of commercial contracts and fraud

* Dispute among Russian manufacturer and U.S. distributor of alcoholic beverages involving alleged breach of distribution and marketing agreement

* Dispute among U.S. telecommunications company and Brazilian/Central American distributor involving alleged breach and wrongful termination of distribution agreement

* Dispute among Israeli bank and primary software provider involving failure to provide services, non-payment, and wrongful termination

* Dispute among U.S. manufacturer and Irish purchaser of business jet aircraft involving alleged late delivery of aircraft, failure to accept tender, and non-payment

* Declaratory judgment claims involving interpretation of international distribution agreement

* Dispute among U.S. developer and marketer of power over ethernet switches and connectivity products and Brazilian sales representative involving breach of contract and wrongful termination

* Dispute between international sports organization and manager of Eastern European sports facility involving alleged breach of contract and organization rules

* Dispute among major French advertising agency and U.S. joint venture partner involving breach of agreement to supply advertising in U.S. airports.

* Dispute among fuel processor and distributor involving alleged failures to deliver fuel

* Complex "mixing bowl" transaction involving transfer of ownership of multi-use property subject to mandatory affordable housing regulations

* Claims between investors and real estate developers

* Legal malpractice claims brought by former client against law firm

* Claims of former client and law firm challenging enforceability of engagement agreement

Employment/Restrictive Covenants:

* Breach of executive and professional employment agreements, consulting agreements and independent contractor agreements involving financial institutions (hedge funds, private equity, banks), universities, healthcare practices, IT providers, manufacturing, technology, hospitality, restaurants, law and other professional firms

* Wrongful termination claims

* Claims involving vesting of options, deferred compensation, carry, contingent compensation, bonuses, commissions

* Employment discrimination claims involving age, disability, gender, religion, race, sexual orientation

* Disputes among employers and former executives, professionals and other employees involving non-competition, confidentiality, non-solicitation, and duty of loyalty, seeking damages, forfeiture of stock options, and claw backs

Healthcare/Pharmaceutical:

* Claims between healthcare providers and insurance carriers involving coverage and non-payment of claims

* Breach of contract and fraud claims among drug manufacturer and company that it engaged to conduct clinical drug trials

* Claims between major insurance carrier and pharmaceutical distributor-dealer

* Claims regarding break-up of healthcare practices

* Claims for breach of contract and defamation brought by healthcare provider against former employee

Work Highlights

International Arbitration Experience

* Dispute among large German manufacturer and U.S. distributor of plastic storage pallets involving claims of breach of series of commercial contracts and fraud.

* Dispute among Russian manufacturer and U.S. distributor of alcoholic beverages involving breach of distribution and marketing agreement.

* Dispute among Brazilian/Central American distributor and U.S. telecommunications company involving breach of contract and wrongful termination of distribution agreement.

* Dispute among Israeli bank and its primary software provider involving failure to provide services, non-payment and wrongful termination.

* Dispute among Irish purchaser of business jet aircraft and U.S. manufacturer involving untimely delivery of aircraft, failure to accept tender and non-payment.

* Dispute among major French advertising agency and U.S. joint venture partner involving breach of agreement to supply advertising in U.S. airports.

* Dispute among international sports organization and manager of Eastern European sports facility involving breach of contract and organization rules.

* Dispute among Brazilian sales representation and U.S. developer and marketer of power over ethernet switches and other connectivity products involving breach of contract and wrongful termination.